Sylvia D. Wiseman v. HHS - Influenza, adhesive capsulitis and a rotator cuff tear (2019)

Sylvia D. Wiseman filed a petition for compensation under the National Vaccine Injury Compensation Program on December 29, 2017.

She alleged that she suffered adhesive capsulitis and a rotator cuff tear as a consequence of receiving an influenza vaccine on January 13, 2015. Ms.

Wiseman further alleged that she experienced the residual effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms.

Wiseman suffered a Table injury and denied that her alleged shoulder injuries and their residual effects were caused-in-fact by the flu vaccine. Despite these denials, the parties filed a joint stipulation on June 24, 2019, stating that a decision should be entered awarding compensation.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Sylvia D.

Wiseman was awarded a lump sum of $95,000.00 in compensation for all items of damages. Petitioner was represented by Kathy Ann Lee of Cline, Farrell, et al., and respondent was represented by Adriana Ruth Teitel of the U.S.

Department of Justice. The decision was issued on September 11, 2019.