Sarah Malone v. HHS - Influenza, cellulitis (2022)

Sarah Malone filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered cellulitis as a result of an influenza vaccine received on September 13, 2018. She stated that she experienced residual effects of the injury for more than six months and that no prior award or settlement had been made for her condition.

Respondent denied that the flu vaccine caused her cellulitis or any other injury. Despite this denial, the parties filed a joint stipulation agreeing to settle the case and award compensation.

The court adopted the stipulation, awarding Sarah Malone a lump sum of $35,000.00. This amount is intended to compensate for all damages available under the Vaccine Act.

The stipulation also noted that the parties would submit to further proceedings for attorneys' fees and costs. The case proceeded as a Table claim, indicating the injury was presumed to be vaccine-related under the Vaccine Injury Table.

The settlement represents a compromise of the parties' positions on liability and damages.