Cindy Smith v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

On October 13, 2020, Cindy Smith filed a petition alleging that an influenza vaccination administered on October 30, 2019 caused a left shoulder injury related to vaccine administration. The case did not settle.

Respondent contested entitlement, focusing on whether Ms. Smith's shoulder pain began within forty-eight hours.

He emphasized that she saw a doctor six days after vaccination for other health issues without a shoulder complaint being recorded, and that the first medical record of shoulder pain was fourteen days after vaccination. Ms.

Smith stated by affidavit that she did mention her shoulder pain at the six-day visit, and her later records consistently reported immediate post-vaccination shoulder pain. Chief Special Master Brian H.

Corcoran found that the gap in documentation was not fatal. He noted that patients often expect post-vaccination pain to be temporary, that the six-day visit was focused on unrelated concerns, and that treatment less than one month after vaccination was still relatively timely.

He found no prior or alternative shoulder condition explaining the symptoms, found the pain and reduced range of motion localized to the vaccinated shoulder, and held that Ms. Smith had proven a Table SIRVA.

After briefing and an expedited Motions Day hearing, the Chief Special Master awarded $113,483.98 on July 29, 2024: $110,000.00 for actual pain and suffering and $3,483.98 for out-of-pocket unreimbursed expenses. The decision recognized surgical intervention and post-operative recovery as part of the injury course.

A later fees decision reduced requested attorneys' fees for excessive entitlement and damages briefing, but did not change the injury award.