Linda Rees v. HHS - Influenza, left shoulder injuries (2018)

Linda Rees filed a petition for compensation under the National Vaccine Injury Compensation Program on November 21, 2016, alleging that she suffered left shoulder injuries as a result of an influenza vaccine received on December 2, 2015. She further alleged that she experienced the residual effects of these injuries for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her injury or any other injury or her current condition. Despite these positions, the parties filed a joint stipulation on March 5, 2018, agreeing to a settlement.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The award included a lump sum of $3,243.95, payable to petitioner, for past unreimbursable expenses, and a lump sum of $97,500.00, also payable to petitioner, for all remaining damages.

These amounts were intended to compensate for all items of damages available under 42 U.S.C. § 300aa-15(a). The decision was made on June 13, 2018.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Lara Ann Englund of the U.S.

Department of Justice. The flu vaccine is listed on the Vaccine Injury Table.