David G. Smith v. HHS - Influenza, shoulder injury related to vaccine administration (2016)

David G. Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on March 2, 2015, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 8, 2013.

He further alleged that he experienced residual effects of this injury for more than six months. Respondent denied that the flu immunization caused the alleged SIRVA or any other injury.

Nevertheless, on November 19, 2015, the parties filed a joint stipulation for compensation. The court adopted the stipulation, awarding David G.

Smith a lump sum of $107,500.00 for all items of damages. Subsequently, on January 7, 2016, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $18,000.00.

The court granted this request, awarding the total amount jointly payable to the petitioner and his counsel.