Jennifer Ginter v. HHS - Influenza, left shoulder injuries (2019)

Jennifer Ginter filed a petition for compensation under the National Vaccine Injury Compensation Program on September 29, 2017, alleging that she suffered left shoulder injuries caused in fact by the adverse effects of an influenza vaccination she received on October 4, 2016. The petition stated that Ms.

Ginter received the vaccination in the United States, suffered residual effects of her injuries for more than six months, and had not received compensation for her alleged vaccine-caused injuries. The case was assigned to the Special Processing Unit.

On November 20, 2018, the respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer on Award of Compensation, conceding that Ms. Ginter was entitled to compensation.

The respondent specifically concluded that Ms. Ginter suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table and agreed that she had satisfied all legal prerequisites for compensation.

Based on the respondent's concession and the evidence of record, the Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Ginter entitled to compensation.

Subsequently, on January 10, 2019, a decision awarding damages was issued. The respondent's Rule 4 Report and Proffer indicated that Ms.

Ginter should be awarded $55,000.00 for her actual and projected pain and suffering, and represented that Ms. Ginter agreed with this proffered award.

The Chief Special Master awarded Ms. Ginter a lump sum payment of $55,000.00, representing compensation for her actual and projected pain and suffering, payable by check to Jennifer Ginter.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Robert Paul Coleman, III of the U.S.

Department of Justice.