Donna Smith v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Donna Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on November 26, 2019. She further alleged that she experienced residual effects of this injury for more than six months.

Respondent denied that the flu vaccine caused her injury or current condition. Despite these denials, the parties reached a joint stipulation for compensation.

The court adopted the stipulation as its decision, awarding Donna Smith a lump sum of $95,000.00 for all damages available under the Vaccine Act. Additionally, $485.22 was awarded to reimburse a Medicaid lien for services rendered to her.

The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The stipulation represents a full and complete negotiated settlement of liability and damages, releasing the United States from further claims related to this vaccination.