Melinda Middlebrooks v. HHS - Influenza, left shoulder injury (2020)
Case summary [AI summaries can sometimes make mistakes]
Melinda Middlebrooks filed a petition alleging that she suffered a left shoulder injury caused by an influenza vaccination she received on September 15, 2015. The case was assigned to the Special Processing Unit.
Respondent filed a motion for a factual ruling, and a ruling was issued finding that the onset of Ms. Middlebrooks' left shoulder symptoms occurred within 48 hours of her vaccination.
Respondent subsequently filed an amended Rule 4(c) report, acknowledging the factual ruling and concluding that Ms. Middlebrooks suffered a shoulder injury caused-in-fact by her vaccination.
Respondent further stated that he did not dispute that Ms. Middlebrooks satisfied all legal prerequisites for compensation.
Based on respondent's position and the evidence, the court found Ms. Middlebrooks entitled to compensation.
Later, the parties filed a stipulation recommending an award of compensation. Respondent continued to maintain a contrary position to the entitlement ruling but agreed not to seek review of that determination.
The parties stipulated that Ms. Middlebrooks would receive a lump sum of $87,464.26, representing compensation for all damages available under the Vaccine Act.
The court found the stipulation reasonable and adopted it as the decision of the Court, awarding the stipulated amount.