Lauren Shaw v. HHS - Influenza, left shoulder injury (2018)

On January 18, 2017, Lauren Shaw filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury caused by an influenza vaccine received on December 8, 2015. The case was assigned to the Special Processing Unit.

On September 1, 2017, the respondent filed a Rule 4(c) report conceding that petitioner's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the flu vaccine. The respondent also agreed that the statutory six-month sequela requirement was met.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on September 5, 2017, finding petitioner entitled to compensation. Subsequently, on November 15, 2017, the respondent filed a Proffer on Award of Compensation, proposing an award of $90,000.00, which the petitioner agreed to.

On March 9, 2018, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Lauren Shaw a lump sum payment of $90,000.00, payable by check to petitioner, as compensation for all eligible damages. Petitioner was represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and the respondent was represented by Amy Paula Kokot of the U.S.

Department of Justice.