Maria Peters v. HHS - Influenza, left shoulder injury (2018)

Maria Peters filed a petition for compensation under the National Vaccine Injury Compensation Program on January 23, 2017, alleging she suffered a left shoulder injury as a result of an influenza vaccine received on October 13, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury.

Despite this denial, the parties filed a joint stipulation on May 31, 2018, agreeing to a settlement. Chief Special Master Nora Beth Dorsey reviewed the stipulation and adopted it as the decision of the court.

The decision awarded Maria Peters a lump sum of $91,901.18, payable by check to the petitioner. This amount was stipulated to represent compensation for all items of damages available under the Vaccine Act, 42 U.S.C. § 300aa-15(a).

The case was settled as a "Table claim" for Shoulder Injury Related to Vaccine Administration (SIRVA). The stipulation also noted that the parties would submit to further proceedings to award reasonable attorneys' fees and costs.

The decision stated that the stipulation represents a full and complete negotiated settlement of liability and damages, except for attorneys' fees, litigation costs, and past unreimbursable expenses. It was explicitly stated that the stipulation is not an admission by the United States or the Secretary of Health and Human Services that the influenza vaccine caused the petitioner's alleged left shoulder injury or any other injury.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Amber Diane Wilson of Maglio Christopher & Toale, PA, and respondent was represented by Ann Donohue Martin of the U.S.

Department of Justice.