Anita Schmitter v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA), impingement with adhesive capsulitis and a partial rotator cuff tear (2018)

Anita Schmitter filed a petition for compensation under the National Vaccine Injury Compensation Program on March 30, 2017, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination administered on November 4, 2015. She claimed the flu shot was administered in the United States, that she suffered residual effects for more than six months, and that she had no prior award or settlement for her condition.

Respondent denied that the flu vaccine caused her alleged left shoulder injuries, including impingement with adhesive capsulitis and a partial rotator cuff tear, or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the denial, on April 9, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded.

The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Anita Schmitter was awarded a lump sum of $140,000.00, representing compensation for all damages available under the Vaccine Act.