Jane Bennett v. HHS - Influenza, right shoulder injury (2019)

Jane Bennett 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 September 16, 2014. The petition stated that the vaccine was administered in the United States, her injuries lasted more than six months, and she had no prior award or settlement for her condition.

Respondent denied that the flu vaccine caused her injury. The parties later filed a joint stipulation agreeing to settle the case and award compensation.

The court adopted the stipulation, awarding Jane Bennett a lump sum of $91,440.00 for all damages. This amount represents compensation for her SIRVA, which is a condition listed on the Vaccine Injury Table.

The stipulation also noted that petitioner received a non-covered pneurnovax vaccine on the same day, in the same arm. The parties agreed that this stipulation was a full and complete negotiated settlement of liability and damages, and it was not an admission by the United States that the flu vaccine caused the injury.