Georgeana McKenzie v. HHS - Influenza, rotator cuff tear, supraspinatus and impingement (2023)

Georgeana McKenzie filed a petition for compensation under the National Vaccine Injury Compensation Program on October 26, 2017. She alleged that an influenza vaccination she received on September 23, 2016, caused a rotator cuff tear, supraspinatus injury, and impingement in her left shoulder.

Ms. McKenzie further alleged that she experienced residual effects from this condition for more than six months, that no civil action for damages had been filed, and that the vaccine was administered in the United States.

The respondent denied that the flu vaccine caused Ms. McKenzie's shoulder injury or any other injury, and denied that her condition was a sequela of a vaccine-related injury.

Despite the respondent's denial, the parties filed a joint stipulation on September 27, 2023, agreeing to an award of compensation. Special Master Daniel T.

Horner reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Ms.

McKenzie was awarded a lump sum of $60,000.00, payable by check to the petitioner, representing compensation for all items of damages available under the Vaccine Act. Petitioner was represented by James M.

Merrigan of Rawson, Merrigan & Litner, LLP, and respondent was represented by Catherine Elizabeth Stolar of the U.S. Department of Justice.