Jennifer Toole v. HHS - Influenza, shoulder injury related to vaccine administration (2017)

Jennifer Toole filed a petition for vaccine compensation on July 31, 2015, alleging that the influenza vaccine she received on September 9, 2014, caused her to develop a shoulder injury related to vaccine administration (SIRVA). The flu vaccine is listed on the Vaccine Injury Table.

Ms. Toole claimed she suffered residual effects from the SIRVA for more than six months.

Respondent denied that the flu vaccine caused her alleged injury. Despite maintaining their positions, the parties reached a stipulation to settle the case.

The court adopted the stipulation, awarding Ms. Toole a lump sum of $63,000.00 as compensation for all damages available under the program.

The stipulation also provided for the award of attorneys' fees and costs in a subsequent proceeding. Ms.

Toole released the United States and the Secretary of Health and Human Services from further claims related to the flu vaccination administered on September 9, 2014.