Virginia A. Calfee v. HHS - Influenza, shoulder injury (2017)

Virginia A. Calfee filed a petition for compensation under the National Vaccine Injury Compensation Program on June 9, 2016.

She alleged that she suffered a shoulder injury caused by her influenza vaccination on September 19, 2014. Ms.

Calfee further alleged that she experienced residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages as a result of her condition. The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused any injury to the petitioner and denied that she suffered residual effects of the alleged vaccine-related injury for more than six months.

On March 28, 2017, the parties filed a joint stipulation stating that a decision should be entered awarding compensation. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner was awarded a lump sum of $189.53 to reimburse a State of Virginia Medicaid lien, payable jointly to petitioner and the Department of Medical Assistance Services. Petitioner agreed to endorse this payment to the State.

Additionally, petitioner was awarded a lump sum of $40,000.00, payable to petitioner, representing compensation for all remaining items of damages. The total award was $40,189.53.

Elizabeth Martin Muldowney represented the petitioner, and Gordon Elliot Shemin represented the respondent.