Jennifer Lee Smith v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
On September 13, 2019, Jennifer Lee Smith filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner received an influenza vaccine on September 14, 2016.
Petitioner alleges she sustained a shoulder injury related to vaccine administration (SIRVA) as defined in the Vaccine Injury Table and suffered residual effects for more than six months. Respondent denied that the flu vaccine caused Petitioner's injury or that she sustained a SIRVA Table injury.
On May 31, 2022, the parties filed a joint stipulation for damages. Chief Special Master Brian H.
Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Petitioner was awarded a lump sum of $67,500.00, payable to Petitioner, as compensation for all damages.
The decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner's counsel was David Charles Richards of Christensen & Jensen, P.C.
Respondent's counsel was Jamica Marie Littles of the U.S. Department of Justice.
Theory of causation
Petitioner Jennifer Lee Smith received an influenza vaccine on September 14, 2016, and filed a petition on September 13, 2019, alleging a shoulder injury related to vaccine administration (SIRVA) as defined in the Vaccine Injury Table. Respondent denied causation and a SIRVA Table injury. The parties filed a joint stipulation for damages on May 31, 2022. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision, awarding a lump sum of $67,500.00 to Petitioner. The public decision does not detail the specific mechanism of injury, medical experts, or the evidence considered beyond the stipulation. The theory of causation relied upon was a Table injury for SIRVA.
Source PDFs
USCOURTS-cofc-1_19-vv-01410