VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00772
Package ID: USCOURTS-cofc-1_21-vv-00772
Petitioner: Kirstin Anne Smith
Filed: 2021-01-19
Decided: 2024-04-12
Vaccine: influenza
Vaccination date: 2019-10-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 54847

AI-assisted case summary:
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.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00772-0
Date issued/filed: 2024-01-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/15/2023) regarding 48 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00772-UNJ Document 49 Filed 01/16/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0772V
KIRSTIN ANNE SMITH, Chief Special Master Corcoran
Petitioner,
v. Filed: December 15, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 19, 2021, Kirstin Anne 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”) as the result of an influenza (“flu”) vaccine received on October
21, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On December 14, 2023, 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. Specifically, Respondent agrees that Petitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table. Id. at 4 (citing 42 C.F.R. §§ 100.3(a),
1 Because this unpublished 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2018).

Case 1:21-vv-00772-UNJ Document 49 Filed 01/16/24 Page 2 of 2
(c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. 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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00772-1
Date issued/filed: 2024-05-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/12/2024) regarding 54 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00772-UNJ Document 58 Filed 05/20/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-772V
KIRSTIN ANNE SMITH, Chief Special Master Corcoran
Petitioner, Filed: April 12, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 19, 2021, Kirstin Anne 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”) as a result of an influenza (“flu”) vaccination administered to her
on October 21, 2019. Pet., ECF No. 1. Petitioner further alleges that the vaccine was
received in the United States, she suffered sequela of her injury for more than six months,
and neither Petitioner nor any other party has ever received compensation in the form of
an award or settlement for her vaccine-related injury. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 15, 2023, a Ruling on Entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. ECF No. 48. On April 12, 2024, Respondent filed
1 Because this Decision 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 Decision 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:21-vv-00772-UNJ Document 58 Filed 05/20/24 Page 2 of 5
a Proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$50,000.00 in pain and suffering and $4,847.19 in past unreimbursable expenses. Proffer
at 1-2, ECF No. 53. In the Proffer, Respondent represented that Petitioner agrees with
the proffered award. See id. Based on the record as a whole, I find that Petitioner is
entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $54,847.19 for pain and suffering and past unreimbursable
expenses, in the form of a check payable to Petitioner. This amount represents
compensation for all damages that would be available under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this Decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:21-vv-00772-UNJ Document 58 Filed 05/20/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KIRSTIN ANNE SMITH, )
)
Petitioner, )
) No. 21-0772V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 19, 2021, Kirstin Anne Smith (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered a Table shoulder injury related to vaccine
administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on October
21, 2029. Petition at 1. On December 14, 2023, the Secretary of Health and Human Services
(“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation
under the terms of the Act for a SIRVA Table injury, and on December 15, 2023, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
No. 47; ECF No. 48.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $50,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00772-UNJ Document 58 Filed 05/20/24 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $4,847.19. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following:1 a lump sum payment of $54,847.19 in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Kirstin Anne Smith: $54,847.19
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:21-vv-00772-UNJ Document 58 Filed 05/20/24 Page 5 of 5
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
/s/ Mitchell Jones
MITCHEL JONES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-1748
mitchell.jones@usdoj.gov
DATED: April 12, 2024
3