Linda Timberlake v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On December 18, 2020, Linda Timberlake filed a petition alleging that an influenza vaccine administered on September 5, 2019 caused a left shoulder injury related to vaccine administration. She was identified as a competent adult petitioner.
Ms. Timberlake delayed formal medical care for more than two months, but the entitlement record accepted that shoulder pain began within forty-eight hours.
On November 14, 2019, her primary care provider noted tenderness and pain, and later orthopedic care documented continued throbbing pain. A February 2020 MRI showed no full-thickness tear but did show tendinosis, adhesive capsulitis findings, degenerative AC joint change, and a small infraspinatus tear.
On March 24, 2020, she underwent arthroscopic debridement, decompression/acromioplasty, rotator cuff repair, and distal clavicle excision, followed by physical therapy and improvement by that summer. Chief Special Master Brian H.
Corcoran found entitlement on April 23, 2024. The damages decision considered both vaccine-related SIRVA and non-vaccine degenerative shoulder pathology.
On March 24, 2025, the Chief Special Master awarded $108,607.10, consisting of $107,000.00 for actual pain and suffering and $1,607.10 for actual unreimbursable expenses.
Theory of causation
Influenza vaccine September 5, 2019 causing left SIRVA; adult exact age not stated. COMPENSATED. Pain onset accepted within 48 hours despite first care >2 months later. Key evidence: November 14, 2019 tenderness/pain; January 2020 orthopedic complaints; February 2020 MRI with tendinosis/adhesive capsulitis/degenerative changes/small tear; March 24, 2020 arthroscopic surgery and PT. Entitlement April 23, 2024; damages March 24, 2025. Award $108,607.10 = $107,000.00 pain/suffering + $1,607.10 expenses. CSM Corcoran.
Source PDFs
USCOURTS-cofc-1_20-vv-01905