VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00063
Package ID: USCOURTS-cofc-1_21-vv-00063
Petitioner: Lynette Smith
Filed: 2021-01-05
Decided: 2024-04-01
Vaccine: influenza
Vaccination date: 2019-10-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00063-0
Date issued/filed: 2024-04-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/29/2024) regarding 42 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00063-UNJ Document 45 Filed 04/01/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-63V
LYNETTE SMITH, Chief Special Master Corcoran
Petitioner, Filed: February 29, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessica Anne Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 5, 2021, Lynette Smith filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) resulting from the influenza (“flu”) vaccination received on
October 14, 2019. Petition at 1-2. Petitioner further alleges that the vaccination was
administered within the United States, her vaccine-related injuries lasted more than six
months, and neither she, nor any other party, has every brought an action or received
compensation in the form of an award or settlement for her vaccine-related injuries.
Petition at 1, 4. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Ruling will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:21-vv-00063-UNJ Document 45 Filed 04/01/24 Page 2 of 2
On February 27, 2024, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at
1. Respondent concluded that “[P]etitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table.” Id. at 7. Specifically, Respondent determined that
Petitioner “had no history of pain, inflammation, or dysfunction of her right shoulder prior
to vaccination; pain occurred within 48 hours after receipt of an intramuscular vaccination;
pain was limited to the shoulder in which the vaccine was administered; and no other
condition or abnormality has been identified to explain Ms. Smith’s shoulder pain.” Id.
Respondent further agrees that Petitioner suffered the residual effects of her condition for
more than six months.” Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2