Margaret Elledge v. HHS - Influenza, right shoulder injury (2017)

Margaret Elledge filed a petition for compensation under the National Vaccine Injury Compensation Program on June 6, 2016, alleging that her receipt of an influenza vaccine on November 3, 2014, caused a right shoulder injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 21, 2016, conceding that the petitioner's alleged injury was consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA) and that it was caused-in-fact by the flu vaccine.

The respondent also agreed that the SIRVA and its sequela persisted for more than six months after vaccination. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on February 13, 2017, finding Margaret Elledge entitled to compensation.

Subsequently, on December 29, 2016, the parties filed a stipulation and proffer regarding the award of compensation. The respondent proffered an award of $110,000.00, representing all elements of compensation available under the Vaccine Act, to which the petitioner agreed.

Chief Special Master Dorsey issued a Decision Awarding Damages on April 27, 2017, awarding Margaret Elledge a lump sum payment of $110,000.00, payable by check to her. The decision noted that Margaret Elledge is a competent adult and that evidence of guardianship was not required.

The award represents compensation for all damages under 42 U.S.C. § 300aa-15(a). Paul R.

Brazil represented the petitioner, and Amy Paula Kokot represented the respondent. The case was assigned to the Special Processing Unit of the Office of Special Masters.