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

Norman Smith filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 15, 2020. He further alleged his SIRVA symptoms persisted for longer than six months.

The respondent conceded that Petitioner is entitled to compensation, stating his injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, Petitioner had no prior history of shoulder issues, pain occurred within 48 hours of vaccination, the pain was limited to the injection shoulder, and no other condition explained the pain.

The respondent agreed that Petitioner satisfied all legal prerequisites for compensation. Subsequently, a decision awarding damages was issued.

The respondent proffered an award of $86,787.42, which included $85,000.00 for pain and suffering and $1,787.42 for past unreimbursable expenses. Petitioner agreed with this award.

The court found Petitioner entitled to the award as stated in the proffer and ordered a lump sum payment of $86,787.42 to Norman Smith.