Jerald Smith v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)

Jerald Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he sustained a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination he received on January 8, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Mr.

Smith is entitled to compensation. The respondent agreed that Mr.

Smith experienced SIRVA of the right upper extremity, which was more likely than not caused by the January 8, 2016, flu vaccination, and no other causes were identified. The medical records also demonstrated satisfaction of the statutory six-month sequela requirement.

Based on the respondent's concession and the evidence of record, the Chief Special Master found Mr. Smith entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent had previously proffered an award of $140,000.00, with which Mr.

Smith agreed. The court awarded Mr.

Smith a lump sum payment of $140,000.00 as compensation for all damages available under the Vaccine Act.