Misty Stephens v. HHS - Influenza, bursitis (2019)

Misty Stephens filed a petition for compensation under the National Vaccine Injury Compensation Program on February 8, 2018, alleging she suffered bursitis as a result of an influenza vaccine administered on December 20, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 4, 2019, conceding that Ms.

Stephens was entitled to compensation. The respondent determined that while the injury was not consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA) due to pain radiating beyond the injection site, the preponderance of the medical evidence established that her bursitis was caused-in-fact by the flu vaccine.

The respondent also agreed that the medical records demonstrated residual effects for more than six months, that the vaccine was administered in the United States, and that Ms. Stephens had not received other compensation for her injuries.

Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on February 5, 2019, finding Ms. Stephens entitled to compensation.

Subsequently, on April 10, 2019, Chief Special Master Dorsey issued a decision awarding damages. Based on a proffer agreed to by both parties, Ms.

Stephens was awarded a lump sum payment of $127,127.86, representing compensation for all available damages. Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Mollie Danielle Gorney of the U.S.

Department of Justice.