Lois Oliver v. HHS - Influenza, chronic severe right shoulder pain (2018)

Lois Oliver filed a petition for compensation under the National Vaccine Injury Compensation Program on January 30, 2017. She alleged that she suffered chronic severe right shoulder pain caused by the influenza and pneumococcal conjugate (Prevnar 13) vaccines she received on October 1, 2015.

Ms. Oliver stated that she received the vaccination in the United States, that the residual effects of her injury lasted for more than six months, and that she had not received compensation or filed a civil action for her alleged vaccine-caused injury.

The respondent denied that the flu and Prevnar-13 vaccines caused Ms. Oliver's alleged Shoulder Injury Related to Vaccine Administration (SIRVA) or any other injury, and further denied that her alleged current disabilities were a sequela of a vaccine-related injury.

On July 9, 2018, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Ms. Oliver was awarded a lump sum of $32,500.00, payable to her, as compensation for all items of damages.

The decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the specific mechanism of injury. Petitioner was represented by Edward M.

Kraus of the Law Offices of Chicago Kent, and respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice.