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

Patricia Smith, a 66-year-old woman, filed a petition for compensation on January 8, 2021, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by an influenza vaccine she received on December 16, 2019. She claimed that within 48 hours of the vaccination, she developed shoulder pain and limited range of motion.

The respondent, the Secretary of Health and Human Services, contested entitlement, arguing that the onset of pain was not within 48 hours, the pain extended beyond the shoulder, and another condition could explain her symptoms. Smith's medical records indicated pain began shortly after vaccination, with treatment sought within a month.

Despite a significant eight-month gap in treatment due to the COVID-19 pandemic and job loss, Smith consistently reported ongoing pain and limitations. The Special Master, Brian H.

Corcoran, found that Smith met the criteria for a Table SIRVA, including timely onset of pain within 48 hours of vaccination, pain localized to the left shoulder, and no other explanatory condition. The Special Master also found that her symptoms persisted for more than six months, despite the treatment gap, which was attributed to the pandemic and financial hardship.

The case proceeded to damages. Smith requested between $70,000 and $80,000 for past pain and suffering, while the respondent proposed no more than $50,000.

The Special Master awarded Smith $77,000 for past pain and suffering, considering the severity and duration of her injury, her treatment history, and comparing it to prior SIRVA cases. The decision was issued on January 17, 2024.