Kari Smith v. HHS - Tetanus diphtheria, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Kari Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a Tetanus diphtheria vaccination on March 22, 2016. Respondent denied that the SIRVA onset was within the Table timeframe, denied that the vaccine caused the SIRVA or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, Kari Smith was awarded a lump sum of $53,360.24, representing compensation for all items of damages available under the Vaccine Act. This amount covers her SIRVA injury, which is a condition listed on the Vaccine Injury Table.

The decision was based on a joint stipulation for damages, and the court directed that judgment be entered accordingly.