Michelle Breslin v. HHS - Influenza, deltoid intramuscular lipoma (2022)

Michelle Breslin filed a petition for compensation under the National Vaccine Injury Compensation Program on November 12, 2019, alleging she suffered a deltoid intramuscular lipoma after receiving an influenza vaccine. She claimed residual effects lasting more than six months, no prior award or settlement for the condition, and that the vaccine was administered in the United States.

The respondent denied that the flu vaccine caused the petitioner's lipoma or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation on August 23, 2022, agreeing that compensation should be awarded.

Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the Court's decision.

Pursuant to the stipulation, Ms. Breslin was awarded a lump sum of $32,500.00, payable by check to the petitioner.

This amount represents compensation for all items of damages available under the Vaccine Act. The decision was issued on October 3, 2022.

Petitioner was represented by Bridget McCullough of Muller Brazil, LLP, and respondent was represented by Katherine Carr Esposito of the U.S. Department of Justice.

The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.