Debra Bostwick-Kenkel v. HHS - Influenza, shoulder injury related to vaccine administration (2016)

Debra Bostwick-Kenkel filed a petition for compensation under the National Vaccine Injury Compensation Program on March 31, 2016. She alleged that after receiving an influenza vaccination on October 6, 2014, she developed severe left shoulder pain.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA). The respondent agreed that Ms.

Bostwick-Kenkel had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found Ms.

Bostwick-Kenkel entitled to compensation. Subsequently, on October 5, 2016, a decision awarding damages was issued.

The respondent filed a proffer indicating that Ms. Bostwick-Kenkel should be awarded $100,000.00, which represented all elements of compensation available under the Vaccine Act.

Ms. Bostwick-Kenkel, an adult, agreed with this proffered award.

The court awarded her a lump sum payment of $100,000.00.