Stacy Smith v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Stacy Smith filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 2, 2018. The petition was filed on July 30, 2019.

The respondent, the Secretary of Health and Human Services, initially contested entitlement but later filed an Amended Rule 4(c) Report on April 1, 2022. In this report, the respondent stated they would not defend the case on other grounds and conceded that Ms.

Smith had satisfied the legal prerequisites for compensation, reserving only the right to appeal the factual finding regarding onset. The Special Master had previously ruled that the onset of Ms.

Smith's shoulder injury occurred within 48 hours of vaccination. Based on the respondent's concession and the existing record, the Special Master issued a Ruling on Entitlement on April 1, 2022, finding Ms.

Smith entitled to compensation. Subsequently, on April 22, 2022, the respondent filed a proffer agreeing to an award.

The parties stipulated to a lump sum payment of $121,483.61, which included $115,000.00 for pain and suffering and $6,483.61 for past unreimbursable expenses. This amount represented all damages available under the Vaccine Act.

A Decision Awarding Damages was issued on June 27, 2022, approving the stipulated award. Ms.

Smith is a competent adult and the award was to be made via a lump sum check payable to her.