Danielle Lipscomb Malone v. HHS - Influenza, left shoulder pain (2016)

Danielle Lipscomb Malone filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on November 26, 2013, and subsequently suffered from left shoulder pain caused by the vaccine. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Malone's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and recommended that compensation be awarded. A ruling on entitlement was issued on May 2, 2016, finding Ms.

Malone entitled to compensation. Subsequently, on June 1, 2016, the respondent filed a proffer on award of compensation, indicating that Ms.

Malone should be awarded $70,000.00, an amount to which Ms. Malone agreed.

The court reviewed the proffer and awarded Ms. Malone a lump sum payment of $70,000.00, representing compensation for all damages available under the Vaccine Act.