Catherine Smith v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)

Catherine Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the trivalent influenza vaccination she received on October 5, 2013. The respondent, the Secretary of Health and Human Services, conceded that compensation was appropriate, agreeing that the alleged injury was consistent with SIRVA and that petitioner had satisfied all legal prerequisites for compensation, including proof that her injury lasted for more than six months.

Based on the respondent's concession and the evidence, the Chief Special Master found petitioner entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation, agreeing to a lump sum payment of $76,000.00.

This amount was awarded to Catherine Smith as compensation for all damages available under the Vaccine Act. Later, the parties filed a stipulation regarding attorneys' fees and costs, agreeing to an award of $16,032.10.

This amount was awarded as a lump sum jointly payable to petitioner and her counsel.