Kimberly Roberts v. HHS - Influenza, left shoulder injuries (2018)

Petitioner Kimberly Roberts filed a petition on May 23, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered left shoulder injuries as a result of an influenza vaccine administered on December 17, 2015.

Petitioner further stated that the vaccine was administered in the United States, that her injuries and sequelae lasted more than six months, and that she had not received other compensation or filed a related action. Respondent denied that the flu vaccine caused petitioner's shoulder injury or any other condition.

Despite the denial, on October 15, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, Kimberly Roberts was awarded a lump sum of $62,851.78, payable to petitioner, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on December 12, 2018.

Petitioner was represented by Shealene Priscilla Wasserman of Muller Brazil, LLP, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice.