Raquel Fournier v. HHS - Influenza, left shoulder injuries (2018)

Raquel Fournier filed a petition for compensation under the National Vaccine Injury Compensation Program on August 23, 2017, alleging that she suffered left shoulder injuries due to an influenza vaccination received on September 30, 2016. The case was assigned to the Special Processing Unit.

On June 11, 2018, the respondent filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that she met the statutory requirements for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation.

Subsequently, on June 22, 2018, the respondent filed a proffer on the award of compensation. The proffer recommended a lump sum payment of $95,169.66 to petitioner and $7,027.61 to satisfy a Medicaid lien, which petitioner agreed to.

Chief Special Master Dorsey issued a decision awarding damages based on this proffer. The total award was $102,196.66, consisting of $95,169.66 payable to Raquel Fournier and $7,027.61 payable jointly to Raquel Fournier and the California Department of Health Care Services to satisfy the Medicaid lien.

Petitioner agreed to endorse the latter check to the state of California. Petitioner was represented by Danielle Strait of Maglio Christopher & Toale, PA, and respondent was represented by Ilene Clair Albala of the U.S.

Department of Justice.