Stephanie Smith v. HHS - Influenza, left shoulder injury (2016)

Stephanie Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on April 28, 2016, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on November 14, 2014. The respondent, represented by Darryl R.

Wishard of the U.S. Department of Justice, conceded that the petitioner's injury was consistent with SIRVA and was caused-in-fact by the flu vaccine she received on November 14, 2014.

The respondent also agreed that Ms. Smith met all legal prerequisites for compensation under the Act.

On June 2, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Smith entitled to compensation based on the respondent's concession.

Subsequently, on June 14, 2016, the respondent filed a proffer recommending an award of $75,300.00, stating that the petitioner agreed with this amount. The proffer indicated that this sum represented all elements of compensation available under 42 U.S.C. § 300aa-15(a).

The public text does not describe the specific onset of symptoms, medical examinations, or treatments undertaken by Ms. Smith.

On June 14, 2016, Chief Special Master Nora Beth Dorsey issued a decision awarding Stephanie Smith a lump sum payment of $75,300.00, payable by check to Ms. Smith.

The decision noted that attorneys' fees and costs were to be discussed separately. The case was represented by Paul R.

Brazil of Muller Brazil, LLP for the petitioner and Darryl R. Wishard for the respondent.

The Special Master was Nora Beth Dorsey.