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

On September 3, 2020, Janet Smith filed a petition for compensation under the National Vaccine Injury Compensation Program. Ms.

Smith alleged that she received an influenza vaccine in her left deltoid on November 11, 2019, and subsequently sustained a shoulder injury related to vaccine administration (SIRVA), which is listed on the Vaccine Injury Table. Alternatively, she alleged that the vaccine caused her shoulder injury and that she experienced residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Ms. Smith sustained a Table SIRVA injury, denied that the vaccine caused her alleged shoulder injury, and denied that her current condition was a sequela of a vaccine-related injury.

The parties later filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H.

Corcoran adopted the stipulation. Pursuant to the stipulation, Ms.

Smith was awarded $66,000.00 in compensation, payable as a lump sum check to the petitioner, to cover all items of damages available under Section 15(a) of the Vaccine Act. The decision was entered on April 13, 2022.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC.

Respondent was represented by Naseem Kourosh, an attorney with the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments undertaken by the petitioner.