Geraldine Abel v. HHS - Influenza, right full-thickness rotator cuff tear (2019)

Geraldine Abel filed a petition for compensation under the National Vaccine Injury Compensation Program on September 26, 2017. She alleged that an influenza vaccine administered on October 15, 2016, caused a right full-thickness rotator cuff tear.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury or any other injury, and denied that the petitioner's current disabilities were sequelae of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation for settlement.

Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Pursuant to the stipulation, Geraldine Abel was awarded a lump sum of $105,000.00, payable by check to the petitioner, as compensation for all items of damages available under the program.

This amount represents a compromise of the parties' respective positions on liability and/or damages. The decision was issued on October 10, 2019.

Petitioner was represented by Lawrence R. Cohan of Anapol Weiss, and respondent was represented by Lisa Ann Watts of the U.S.

Department of Justice. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the medical mechanism of injury.