Janelle Peacock v. HHS - Influenza, shoulder injury related to vaccine administration (2018)

Janelle Peacock filed a petition for compensation under the National Vaccine Injury Compensation Program on May 2, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 1, 2015.

Ms. Peacock further alleged that the vaccination was administered within the United States, that she experienced residual effects of her right shoulder injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms. Peacock's alleged injury.

Despite this denial, the parties filed a joint stipulation on May 31, 2018, agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Pursuant to the stipulation, Ms. Peacock was awarded a lump sum of $95,228.00, payable to her.

This amount represents compensation for all damages available under the Vaccine Act. The decision was based on the joint stipulation, not a finding of causation by the court.

The stipulation also addressed future proceedings for attorneys' fees and costs. The parties, including petitioner's counsel Amber Diane Wilson and respondent's counsel Ann Donohue Martin, agreed that the stipulation represented a full and complete negotiated settlement of liability and damages, with the understanding that it was not an admission by the United States or the Secretary that the vaccine caused the alleged injury.

The decision was issued on September 12, 2018.