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

Filed 2021-01-19Decided 2024-04-12Vaccine Influenza
compensated$54,847

Case summary [AI summaries can sometimes make mistakes]

Kirstin Anne 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) as a result of an influenza vaccine she received on October 21, 2019. The respondent conceded that Petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation.

A Ruling on Entitlement was issued on December 15, 2023, finding Petitioner entitled to compensation. Subsequently, on April 12, 2024, the respondent filed a Proffer on award of compensation, recommending an award of $50,000.00 for pain and suffering and $4,847.19 for past unreimbursable expenses, totaling $54,847.19.

Petitioner agreed with this proffered award. The Chief Special Master issued a Decision Awarding Damages on April 12, 2024, awarding Petitioner a lump sum payment of $54,847.19 for pain and suffering and past unreimbursable expenses.

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