Franline Lucinda Destin v. HHS - Influenza, left shoulder injuries, including bone marrow edema/contusion in the greater tuberosity/humeral neck and mild subacromial/subdeltoid bursitis (2020)

On August 13, 2018, Franline Lucinda Destin filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccine administered on October 30, 2017, caused her to suffer left shoulder injuries, specifically bone marrow edema/contusion in the greater tuberosity/humeral neck and mild subacromial/subdeltoid bursitis.

Ms. Destin further alleged that the residual effects of her injury lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's alleged injuries or a Shoulder Injury Related to Vaccine Administration (SIRVA). Despite this denial, the parties reached a joint stipulation for award, agreeing that compensation should be paid to Petitioner.

Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum payment of $40,221.86, payable to Petitioner, to compensate for all damages available under the program.

The decision was finalized on January 10, 2020, with judgment to be entered in accordance with the stipulation, as the parties jointly renounced the right to seek review. Petitioner was represented by Carol L.

Gallagher, and Respondent was represented by Sarah C. Duncan.