Ellen Denham v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Ellen Denham filed a petition for compensation under the National Vaccine Injury Compensation Program on January 4, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her October 17, 2014 influenza vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 21, 2016, conceding that the petitioner was entitled to compensation.

The respondent concluded that the petitioner's alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine received on October 17, 2014. The respondent also agreed that no other causes were identified for the injury and that the petitioner suffered the sequelae of her injury for more than six months.

Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on March 22, 2016, finding the petitioner entitled to compensation. Subsequently, on July 6, 2016, the parties submitted a proffer on the award of compensation.

The respondent proffered that the petitioner should be awarded $148,000.00, representing all elements of compensation available under the Act. The petitioner agreed with this proffered award.

Chief Special Master Dorsey accepted the proffer and awarded the petitioner a lump sum payment of $148,000.00, payable to Ellen Denham, as compensation for all damages available under the Act. The decision was issued by Chief Special Master Nora Beth Dorsey, with petitioner represented by Ronald Craig Homer of Conway, Homer & Chin-Caplan, P.C., and respondent represented by Linda Renzi of the U.S.

Department of Justice.