Kathleen Smith v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Kathleen Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on October 20, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 5, 2016. She stated the vaccine was administered in the United States and that she experienced residual effects for more than six months, with no prior award or settlement for her condition.

Respondent denied that the flu vaccine caused her alleged SIRVA. Despite this denial, the parties filed a joint stipulation on March 7, 2019, agreeing that a decision should be entered awarding compensation.

The Chief Special Master found the stipulation reasonable and adopted it. Kathleen Smith was awarded a lump sum of $85,000.00, representing compensation for all damages available under the program.

This award was for pain and suffering and covered all items of damages. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.