Irene Deniston v. HHS - Influenza, right shoulder injuries (2017)

Irene Deniston filed a petition for compensation on June 30, 2016, alleging that she suffered right shoulder injuries caused-in-fact by an influenza vaccine she received on October 21, 2014. The case was assigned to the Special Processing Unit.

On October 31, 2016, the respondent filed a Rule 4(c) report conceding that petitioner's injury was consistent with shoulder injury related to vaccine administration (SIRVA) and was caused by the flu vaccine. The respondent also agreed that no other causes for the SIRVA were identified 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 October 31, 2016, finding Ms. Deniston entitled to compensation.

Subsequently, on January 12, 2017, the respondent filed a proffer on award of compensation, recommending $75,000.00, which petitioner agreed to. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP. Respondent was represented by Alexis B.

Babcock in the entitlement ruling and by Colleen Clemons Hartley in the damages decision. On June 14, 2017, Chief Special Master Dorsey issued a decision awarding Irene Deniston a lump sum payment of $75,000.00, payable by check to petitioner, representing all elements of compensation under 42 U.S.C. § 300aa-15(a).