Marlene Cimons v. HHS - Pneumococcal, left shoulder injuries (2016)

Marlene Cimons filed a petition for compensation under the National Vaccine Injury Compensation Program on March 24, 2016, alleging she suffered left shoulder injuries as a result of a pneumococcal conjugate vaccine received on December 18, 2014. She further alleged that she experienced residual effects of this injury for more than six months.

The respondent denied that the vaccine caused or significantly aggravated her alleged injury or any other injury, and denied that her current disabilities were the result of a vaccine-related injury. Despite these denials, on September 12, 2016, the parties filed a joint stipulation agreeing to a settlement.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Marlene Cimons a lump sum of $91,721.28, payable to her, as compensation for all items of damages available under the Vaccine Act.

The decision was issued on November 7, 2016. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP, and respondent was represented by Darryl R. Wishard of the U.S.

Department of Justice.