Gary Foster v. HHS - Influenza, right shoulder injuries, including Parsonage Turner Syndrome (PTS) (2020)

On January 30, 2020, Petitioner Gary Foster filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that he received an influenza vaccine on or about August 31, 2016, and that this vaccination caused right shoulder injuries, specifically Parsonage Turner Syndrome (PTS).

Respondent denied that the flu vaccine caused Petitioner's alleged injuries or that his current disabilities were a sequela of a vaccine-related injury. Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation filed on January 29, 2020.

Special Master Katherine E. Oler reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court.

The stipulation awarded Gary Foster a lump sum of $23,500.00 as compensation for all available damages. The decision directed the Clerk of the Court to enter judgment accordingly.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts consulted by either party. Petitioner was represented by Shealene Mancuso of Muller Brazil, LLP, and Respondent was represented by Colleen Hartley of the U.S.

Department of Justice.