Jannie Owens v. HHS - Influenza, bursitis (2019)

Jannie Owens filed a petition for compensation under the National Vaccine Injury Compensation Program on May 30, 2017, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her September 19, 2016, influenza vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 11, 2018, conceding that petitioner was entitled to compensation.

The respondent noted that the injury was not a typical SIRVA because the pain radiated beyond the injection site, specifically to her neck and forearm, rather than being limited to the shoulder. However, the respondent concluded that a preponderance of the medical evidence established that petitioner's bursitis, which was confirmed by an MRI, was caused-in-fact by the influenza vaccine.

The respondent did not identify any other cause for the injury, and medical records indicated that petitioner suffered residual effects for more than six months. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on June 12, 2018, finding that petitioner was entitled to compensation based on the respondent's concession and the evidence of record.

Subsequently, on March 8, 2019, the parties filed a Proffer on Award of Damages. The respondent proffered an award of $122,000.00, representing all elements of compensation available under the Vaccine Act, to which the petitioner agreed.

Chief Special Master Dorsey issued a Decision Awarding Damages on May 1, 2019, awarding Jannie Owens a lump sum payment of $122,000.00 in the form of a check payable to her. The decision noted that the petitioner is a competent adult and evidence of guardianship was not required.

Petitioner was represented by Jeffrey S. Pop of Jeffrey S.

Pop & Associates, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.