Jane Tougas v. HHS - Influenza, left shoulder injury, including adhesive capsulitis and rotator cuff impingement syndrome (2016)

Jane Tougas filed a petition for compensation on December 3, 2015, alleging a left shoulder injury, including adhesive capsulitis and rotator cuff impingement syndrome, as a result of an influenza vaccine administered on November 19, 2014. The case was assigned to the Special Processing Unit.

The respondent filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and found the case compensable. On February 3, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Jane Tougas entitled to compensation.

Subsequently, on April 1, 2016, the respondent filed a proffer recommending an award of $70,000.00, stating that the petitioner agreed with this amount. On April 4, 2016, Chief Special Master Dorsey issued a decision awarding Jane Tougas a lump sum payment of $70,000.00, payable to her, representing compensation for all damages available under the Vaccine Act.

Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Linda Sara Renzi of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments undertaken by the petitioner, nor does it name any medical experts.