Theobald v. Secretary of Health and Human Services
16-178
Fed. Cl.Aug 16, 2016Background
- Petitioner Kathleen Theobald filed a petition under the National Vaccine Injury Compensation Program alleging a left shoulder injury (SIRVA) from an influenza vaccine received October 20, 2014.
- Petitioner alleged residual effects lasting more than six months and no prior award or settlement for the injury.
- The case was assigned to the Special Processing Unit of the Office of Special Masters.
- Respondent filed a Rule 4(c) report and proffer conceding entitlement, concluding the injury is consistent with SIRVA and was caused-in-fact by the October 20, 2014 flu vaccine.
- Respondent stated petitioner satisfied all legal prerequisites for compensation under the Vaccine Act.
- The Special Master accepted respondent’s concession and found petitioner entitled to compensation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to compensation under Vaccine Act | Theobald contends her left shoulder injury (SIRVA) was caused by the Oct. 20, 2014 influenza vaccine and meets Program prerequisites | Conceded: respondent agreed injury is SIRVA caused by the vaccine and prerequisites are met | Award of entitlement granted — petitioner entitled to compensation |
| Causation (SIRVA) | Vaccine shot caused left shoulder injury consistent with SIRVA clinical picture | Respondent concurs causation in fact based on record review | Causation found: flu vaccine caused petitioner’s SIRVA |
| Procedural sufficiency/prerequisites | Petitioner asserted residency, six-month residual effects, and no prior award | Respondent agreed record shows legal prerequisites satisfied | Court found prerequisites satisfied and proceeded to entitlement |
Key Cases Cited
No precedential cases were cited in the ruling.