Hope O’Bannon v. HHS - Influenza, rotator cuff tendinopathy and adhesive capsulitis (2018)

Hope O’Bannon filed a petition for compensation under the National Vaccine Injury Compensation Program on October 18, 2017, alleging that an influenza vaccination received on October 3, 2014, caused shoulder injuries, specifically rotator cuff tendinopathy and adhesive capsulitis. She stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her condition.

The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused her alleged shoulder injuries. Despite the denial, the parties filed a joint stipulation on October 18, 2017, agreeing that compensation should be awarded.

The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Pursuant to the stipulation, Hope O’Bannon was awarded a lump sum of $40,000.00, representing compensation for all items of damages available under the Vaccine Act.

The decision directed the clerk of the court to enter judgment in accordance with the decision, and the parties were informed of their right to seek review.