Eileen Smestad v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2024)

Eileen Smestad filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) causally related to an influenza vaccine she received on October 25, 2019. The petition was filed on December 23, 2020.

The court issued a factual ruling on March 14, 2023, finding that the flu vaccine was most likely administered in Ms. Smestad's right shoulder and that onset of her pain occurred within 48 hours of vaccination.

Respondent filed an amended Rule 4(c) Report on August 9, 2023, indicating that he would not contest that Ms. Smestad suffered SIRVA as defined by the Vaccine Injury Table.

Based on this concession and the evidence of record, the Chief Special Master issued a Ruling on Entitlement on August 10, 2023, finding Ms. Smestad entitled to compensation.

Subsequently, on March 26, 2024, Respondent filed a proffer on award of compensation, proposing an award of $76,570.35, representing $75,000.00 for pain and suffering and $1,570.35 for past unreimbursable expenses. Ms.

Smestad agreed with this proffered award. The Chief Special Master issued a Decision Awarding Damages on April 26, 2024, awarding Ms.

Smestad a lump sum payment of $76,570.35.