Rosita Smith v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Rosita Smith filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on December 15, 2017. She further alleged that she experienced the residual effects of this condition for more than six months.

Respondent denied that Ms. Smith sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition is a sequela of a vaccine-related injury.

Nevertheless, on October 26, 2021, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages.

Ms. Smith was awarded a lump sum of $59,000.00, which represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.