Dustin Mobley v. HHS - Influenza, left shoulder injury (2018)

Dustin Mobley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a left shoulder injury caused by his November 11, 2015 influenza vaccination. The respondent conceded that Mr.

Mobley's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) as defined on the Vaccine Injury Table. The respondent noted that Mr.

Mobley had no prior history of shoulder issues, his pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition could explain the pain. Mr.

Mobley also experienced residual effects for more than six months. The respondent agreed that Mr.

Mobley satisfied all legal requirements for compensation. Subsequently, a ruling on entitlement was issued, finding Mr.

Mobley entitled to compensation. The parties then agreed to a damages proffer, with the respondent recommending an award of $87,500.00 for pain and suffering and $620.00 for past unreimbursable medical expenses, totaling $88,120.00.

This amount was awarded to Mr. Mobley, who is a competent adult, as a lump sum payment.