Christy Heil v. HHS - Influenza, shoulder injury related to vaccine administration (2018)

On November 29, 2016, Christy Heil filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 23, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA and was caused-in-fact by the flu vaccine.

The respondent further agreed that no other cause for the injury was identified, that the sequelae lasted more than six months from the vaccination date, and that the petitioner met all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 10, 2017, finding petitioner entitled to compensation.

Subsequently, on July 10, 2017, the respondent filed a proffer on the award of compensation, proposing an award of $65,230.00, which the petitioner agreed to. In a decision dated January 23, 2018, Chief Special Master Dorsey awarded Christy Heil a lump sum payment of $65,230.00, payable by check to the petitioner, representing compensation for all damages available under the Vaccine Act.

Petitioner was represented by Jeffrey S. Pop of Jeffrey S.

Pop & Associates, and respondent was represented by Amy Paula Kokot of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.