Flo Rutherford v. HHS - Influenza, endocarditis (2020)

Flo Rutherford filed a petition on April 3, 2018, alleging that the influenza vaccine she received on October 10, 2016, caused her to develop endocarditis. She further alleged that she suffered residual effects from this injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her condition or any other injury. Despite the respondent's denial, the parties reached a joint stipulation to resolve the case.

Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

The stipulation awarded Flo Rutherford a lump sum payment of $135,000.00, payable by check to the petitioner. This amount is intended to compensate for all damages available under the National Vaccine Injury Compensation Program, specifically 42 U.S.C. § 300aa-15(a).

The case was filed under the Vaccine Injury Table, as endocarditis is listed for the influenza vaccine. The decision was issued on March 25, 2020, and judgment was to be entered accordingly.

Petitioner was represented by Shealene P. Mancuso of Muller Brazil LLP, and respondent was represented by Daniel A.

Principato of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or any medical experts consulted.