Marilyn Wenker v. HHS - Influenza, shoulder injury (2017)

Marilyn Wenker filed a petition for compensation under the National Vaccine Injury Compensation Program on December 3, 2015, alleging that she suffered a shoulder injury caused by her influenza vaccination on September 13, 2013. She further alleged that she experienced residual effects of the injury for more than six months and that there had been no prior award or settlement of a civil action for damages as a result of her condition.

The respondent denied that the flu immunization caused any injury to the petitioner. Despite the respondent's denial, the parties filed a joint stipulation on April 13, 2017, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Marilyn Wenker was awarded a lump sum of $103,981.00, representing compensation for all items of damages available under the Vaccine Act.

This amount was paid in the form of a check payable to the petitioner. The decision was entered on December 8, 2017.

Petitioner was represented by Barry Alan Washor of Queller, Fisher, Washor, Fuchs & Kool, LLP, and respondent was represented by Gordon Elliot Shemin of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The theory of causation is based on a stipulation.