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

Lynette Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received on October 14, 2019. She stated that the vaccination was administered in the United States, her injuries lasted more than six months, and she had not brought any other action or received compensation for her injuries.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Smith is entitled to compensation.

The respondent concluded that her alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection shoulder, and no other condition explained the pain. The respondent also agreed that her condition's residual effects lasted more than six months.

Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Smith entitled to compensation, with the damages decision to follow.