Kimberly Smyth v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Kimberly Smyth filed a petition for compensation under the National Vaccine Injury Compensation Program on December 12, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 25, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 24, 2019, conceding that the petitioner's claim met the Table criteria for SIRVA.

The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and the petitioner satisfied the statutory severity requirement by suffering residual effects or complications for more than six months after vaccination. Additionally, the respondent noted that the petitioner had not pursued any civil action or proceedings in connection with the vaccine-related injury.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 25, 2019, finding Ms. Smyth entitled to compensation.

Subsequently, on August 14, 2019, Chief Special Master Dorsey issued a decision awarding damages. This decision was based on a joint Rule 4 report and proffer on the award of compensation, which indicated that the petitioner agreed with the proffered award.

Ms. Smyth was awarded a lump sum payment of $87,800.00, payable by check to Kimberly Smyth, representing compensation for all damages available under § 15(a).

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Ryan Daniel Pyles of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond it being a SIRVA.