John Michael Smith, Jr. v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

John Michael Smith, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on October 1, 2018. He asserted that the vaccine was administered in the United States, that his injury occurred within the time period set forth in the Vaccine Injury Table, that he experienced residual effects for more than six months, and that no prior civil action for damages had been filed.

The respondent, the Secretary of Health and Human Services, denied that Mr. Smith sustained a SIRVA, denied that the vaccine caused his injury, and denied that his condition was a sequelae of a vaccine-related injury.

Despite these differing positions, the parties filed a joint stipulation agreeing to settle the issues and award compensation. The Chief Special Master adopted the stipulation, awarding Mr.

Smith a lump sum of $35,500.00. This amount represents compensation for all items of damages available under the Vaccine Act.

The decision also noted that the parties would submit to further proceedings to award reasonable attorneys' fees and costs.