Martha Patricia Mendez v. HHS - Influenza, nerve injury to her right shoulder (2020)

Martha Patricia Mendez filed a petition for compensation under the National Vaccine Injury Compensation Program on July 16, 2018, alleging she suffered a nerve injury to her right shoulder from an influenza vaccine administered on September 18, 2017. The respondent conceded that the medical evidence established that her right axillary nerve injury was caused-in-fact by the flu vaccine and that she met all legal prerequisites for compensation.

A ruling on entitlement was issued on August 9, 2019, finding her entitled to compensation. On November 2, 2020, the respondent filed a proffer for an award of compensation.

The parties agreed to an award totaling $289,456.49, which included $15,640.60 for life care expenses in the first year, $148,815.89 for lost earnings, and $125,000.00 for pain and suffering. An additional amount was awarded to purchase an annuity for future life care expenses.

The decision awarding damages was issued on December 9, 2020.