Kathleen Theobald v. HHS - Influenza, left shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
Kathleen Theobald filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury caused by an influenza vaccine she received on October 20, 2014. She stated that she received the vaccination in the United States, suffered residual effects for more than six months, and had not previously received an award.
The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) report conceding that Ms.
Theobald's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused by the flu vaccine. The respondent agreed that Ms.
Theobald had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found Ms.
Theobald entitled to compensation. Subsequently, in a damages decision, the respondent included a proffer for an award of $77,000.00, which Ms.
Theobald agreed to. The court awarded Ms.
Theobald a lump sum payment of $77,000.00 as compensation for all available damages.