Michelle Schmidt v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Michelle Schmidt filed a petition for compensation on January 22, 2016, alleging that she suffered a shoulder injury caused in fact by her influenza vaccination administered on October 24, 2014. The respondent filed a Rule 4(c) report and Proffer on Damages on January 20, 2016, conceding that the petitioner's alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that it was caused in fact by the flu vaccine.

The respondent also agreed that no other cause for the injury had been identified and that the petitioner met the statutory requirements for residual effects lasting more than six months. Based on the evidence and the respondent's concession, Chief Special Master Nora Beth Dorsey found entitlement.

The respondent proffered an award of $120,375.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a), and the petitioner agreed with this amount. Chief Special Master Dorsey awarded Michelle Schmidt a lump sum payment of $120,375.00, payable to her, as compensation for all damages.

The decision was based on a proffer and concession. Petitioner was represented by Amber Wilson of Maglio, Christopher and Toale, PA, and respondent was represented by Traci Patton of the U.S.

Department of Justice. The decision was issued on May 4, 2016.