Betty Chally v. HHS - Influenza, left shoulder injury (2018)

Betty Chally filed a petition for compensation under the National Vaccine Injury Compensation Program on March 28, 2017, alleging she suffered a left shoulder injury as a result of receiving an influenza vaccine on November 13, 2015. The petition stated that the vaccine was administered in the United States, that she suffered the effects of the injury for more than six months, and that there had been no prior award or settlement of a civil action for damages.

The respondent denied that the flu vaccine caused petitioner's alleged Shoulder Injury Related to Vaccine Administration (SIRVA) or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury. Despite the respondent's denial, on January 24, 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. Pursuant to the stipulation, Betty Chally was awarded a lump sum of $122,000.00, payable to petitioner, representing compensation for all items of damages available under the Vaccine Act.

The decision was issued on April 9, 2018. Petitioner's counsel was Alison H.

Haskins of Maglio Christopher & Toale, PA, and respondent's counsel was Mallori Browne Openchowski of the U.S. Department of Justice.