Marsha Mercier v. HHS - Influenza, shoulder injury (2018)

Marsha Mercier filed a petition for compensation under the National Vaccine Injury Compensation Program on March 20, 2018, alleging she suffered a shoulder injury as a result of an influenza vaccination she received on October 27, 2015. Ms.

Mercier stated that the vaccination occurred in the United States and that the effects of her injury lasted for more than six months. She also affirmed that there had been no prior award or settlement of a civil action for damages on her behalf related to this alleged injury.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged shoulder injury and residual effects, or any other injury or current condition. Despite the respondent's denial, on March 19, 2018, the parties filed a joint stipulation for compensation.

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

Mercier was awarded a lump sum of $30,000.00, payable by check to the petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses involved in this case.

Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Jennifer Leigh Reynaud of the U.S.

Department of Justice.