Leanna Gerritsen-Smith v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Leanna Gerritsen-Smith filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on November 20, 2015. The respondent, the Secretary of Health and Human Services, conceded that petitioner was entitled to compensation.

The respondent concluded that petitioner's alleged injury was consistent with a SIRVA and was caused-in-fact by the flu vaccine. The respondent also agreed that petitioner had satisfied all legal prerequisites for compensation.

A ruling on entitlement was issued on November 30, 2017, finding petitioner entitled to compensation. Subsequently, on May 21, 2018, a decision awarding damages was issued.

The respondent had filed a proffer on award of compensation indicating petitioner should be awarded $36,518.50, and petitioner agreed with this proffered award. The court awarded Leanna Gerritsen-Smith a lump sum payment of $36,518.50, representing compensation for all damages available under the Vaccine Act.