James Smith v. HHS - Influenza, severe right shoulder pain (2018)

James Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on September 15, 2017. He alleged that he developed severe right shoulder pain caused by an influenza vaccine he received on October 8, 2014, and that he suffered residual effects of this injury for more than six months.

The respondent denied that the flu vaccine caused the petitioner's alleged shoulder injury or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on September 14, 2017, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the court. Pursuant to the stipulation, an award of $45,000.00 was made in the form of a lump sum check payable to the petitioner.

This amount was intended to compensate for all items of damages available under the Vaccine Act. The decision was entered on February 8, 2018.

The public decision does not describe the petitioner's counsel, respondent's counsel, specific clinical details of the injury, onset, symptoms, diagnostic tests, treatments, or expert testimony. The case was resolved via stipulation.