Marylin Smith v. HHS - Influenza, left shoulder injury (2017)

Marylin Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on August 8, 2016, alleging that she suffered a left shoulder injury caused by her influenza vaccination on October 7, 2015. She claimed residual effects for more than six months.

The respondent denied that the flu vaccine caused her injury or its residual effects. Nevertheless, the parties filed a joint stipulation on August 25, 2017, agreeing that compensation should be awarded.

The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the court's decision. Pursuant to the stipulation, Marylin Smith was awarded a lump sum of $132,000.00, payable by check, for all items of damages.

The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Petitioner was represented by Michael Adly Baseluos, and respondent was represented by Adriana Ruth Teitel.