Glenn Smith, Jr. v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Glenn Smith, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after an influenza vaccination on December 6, 2017. He claimed his symptoms lasted for more than six months.

The respondent conceded that the claim met the Table criteria for SIRVA, agreeing that Petitioner had no prior shoulder issues, experienced pain within 48 hours of vaccination, and that the pain and reduced range of motion were limited to the injection site. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and the statutory severity requirement was met.

Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties reached a proffer on damages.

The respondent recommended an award of $47,736.23, consisting of $47,500.00 for pain and suffering and $236.23 for past unreimbursable expenses. Petitioner agreed with this award.

The court issued a decision awarding the proffered amount as a lump sum payment to Glenn Smith, Jr., compensating him for all available damages.