Jeanne Ivester v. HHS - Influenza, left shoulder injuries (2018)

Jeanne Ivester filed a petition on November 16, 2016, seeking compensation under the National Vaccine Injury Compensation Program on behalf of herself. She alleged that she suffered left shoulder injuries caused-in-fact by an influenza vaccination she received on September 1, 2015.

Ms. Ivester stated that the vaccination occurred in the United States and that the effects of her injuries persisted for more than six months.

She also affirmed that neither she nor any other party had filed a civil action or received compensation for these alleged vaccine-caused injuries. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms.

Ivester's shoulder injury or any other condition. Despite the respondent's denial, the parties filed a joint stipulation on June 8, 2017, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Ms.

Ivester was awarded a lump sum of $91,716.61, payable to her. This amount was designated as compensation for all items of damages available under the Vaccine Act.

The decision was entered on May 8, 2018. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury.

Petitioner counsel was Shealene Wasserman of Muller Brazil, LLP, and respondent counsel was Lara Englund of the U.S. Department of Justice.