Jacqueline Schmitt v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2018)

Jacqueline Schmitt filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 8, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Schmitt was entitled to compensation. The respondent concluded that she experienced a SIRVA that was more likely than not caused by the flu vaccine and that she met all legal prerequisites for compensation.

Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Schmitt entitled to compensation.

Subsequently, a damages decision was issued based on a proffer. The respondent had proffered an award of $152,000.00, which Ms.

Schmitt agreed to. The court awarded Ms.

Schmitt a lump sum payment of $152,000.00, representing compensation for all damages available under the Vaccine Act.