Penny Lynn Burke v. HHS - Influenza, right shoulder injury (2019)

Penny Lynn Burke filed a petition for compensation under the National Vaccine Injury Compensation Program on June 6, 2017. She alleged that the influenza vaccine she received on October 11, 2016, caused her to suffer a right shoulder injury, with symptoms persisting for more than six months.

The respondent denied that the flu vaccine caused her injury. Despite this denial, the parties filed a joint stipulation on February 13, 2019, agreeing to a settlement.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. As per the stipulation, Penny Lynn Burke was awarded $143,000.00 as a lump sum for all items of damages.

The case was settled as a Table claim for Shoulder Injury Related to Vaccine Administration (SIRVA). Petitioner was represented by Douglas Lee Burdette of Burdette Law, PLLC, and respondent was represented by Alexis B.

Babcock of the U.S. Department of Justice.

The decision was issued on February 13, 2019.