Dorothy Harper v. HHS - Influenza, septic arthritis of the right shoulder (2023)

Dorothy Harper filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021. Ms.

Harper alleged that she suffered right shoulder/arm pain, including septic arthritis, after receiving an influenza vaccine on January 3, 2020. The petition stated that the vaccination was administered in the United States, her symptoms persisted for more than six months, and no other actions or compensation had been sought for her injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 3, 2022, conceding that Ms. Harper was entitled to compensation for septic arthritis of the right shoulder.

The respondent concluded that it was more likely than not that Ms. Harper's septic arthritis was caused by the flu vaccine and that no other causes were identified.

The respondent also agreed that the injury persisted for at least six months and that the scope of damages should be limited to the septic arthritis and its related sequelae. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on November 17, 2022, finding Ms. Harper entitled to compensation.

Subsequently, on April 13, 2023, the respondent filed a proffer recommending an award of $125,000.00 for actual and projected pain and suffering. The proffer indicated that Ms.

Harper agreed with this award. On May 16, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Ms.

Harper a lump sum payment of $125,000.00 for pain and suffering, payable by check to Ms. Harper.

The decision noted that this amount represented compensation for all damages available under Section 15(a) of the Vaccine Act and that the projected pain and suffering component had been reduced to net present value. The attorneys involved were Renee J.

Gentry for the Petitioner and Emily H. Manoso for the Respondent.