Lisa McGonigal v. HHS - Influenza, left shoulder injury (2019)

Lisa McGonigal filed a petition for compensation on January 16, 2018, alleging she suffered a left shoulder injury as a result of receiving an influenza vaccine on October 3, 2016. She further alleged that she experienced residual effects of her injury for more than six months.

The respondent denied that the flu vaccine caused her alleged left shoulder injury, any other injury, or her current condition. The respondent also denied that petitioner sustained a Table injury, specifically a Shoulder Injury Related to Vaccine Administration (SIRVA).

Despite these denials, on September 12, 2019, the parties filed a joint stipulation agreeing to settle the case. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Pursuant to the stipulation, a lump sum of $40,000.00 was awarded to Lisa McGonigal, payable by check to the petitioner. This amount represents compensation for all items of damages available under 42 U.S.C. § 15(a).

The decision notes that the award represents a compromise of the parties' respective positions on liability and damages. Petitioner was represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent was represented by Amy Paula Kokot of the U.S.

Department of Justice.