Kimberly R. Koebler v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Filed 2017-05-23Decided 2018-10-10Vaccine Influenza
compensated$55,000

Case summary [AI summaries can sometimes make mistakes]

Kimberly R. Koebler filed a petition on May 23, 2017, seeking compensation under the National Vaccine Injury Compensation Program.

She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on October 16, 2015. Ms.

Koebler further claimed that she experienced residual effects from the injury for more than six months and had not received compensation or filed a civil action for her alleged vaccine-caused injury. The respondent denied that the alleged SIRVA, or any other injury, was caused by the flu vaccination.

Despite the respondent's denial, the parties filed a joint stipulation on July 10, 2018, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

Pursuant to the stipulation, Ms. Koebler was awarded a lump sum of $55,000.00, payable to her, intended to compensate for all items of damages available under the program.

The decision was issued on October 10, 2018. Petitioner was represented by Jeffrey A.

Golvash of Brennan, Robins & Daley, P.C., and respondent was represented by Debra A. Filteau Begley of the U.S.

Department of Justice.

Theory of causation

Petitioner Kimberly R. Koebler alleged that a SIRVA was caused-in-fact by an influenza vaccine received on October 16, 2015. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details of the alleged injury or its onset. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $55,000.00 as a lump sum. Petitioner's counsel was Jeffrey A. Golvash, and respondent's counsel was Debra A. Filteau Begley. The decision date was October 10, 2018, with the petition filed on May 23, 2017.

Source PDFs 2 total · 1 downloaded