Brenda Smith v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Brenda Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on October 14, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her influenza vaccination on October 9, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with SIRVA and that it was caused-in-fact by the flu vaccination.
The respondent also agreed that the statutory six-month sequela requirement was satisfied and that the petitioner met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey found that Brenda Smith is entitled to compensation.
The case was proceeding to determine damages. Maximillian J.
Muller represented the petitioner, and Lara Ann Englund represented the respondent. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or expert witnesses.