Stephen Smith v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Stephen Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on October 4, 2021, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table, as a result of his influenza vaccination on September 15, 2020. Mr.
Smith stated that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer on June 21, 2023, conceding that Mr.
Smith was entitled to compensation. The respondent agreed that Mr.
Smith met the criteria for SIRVA as set forth in the Vaccine Injury Table and its interpretive aids, satisfied the statutory severity requirement by suffering residual effects for more than six months post-vaccination, and had timely filed his case. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on June 21, 2023, finding Mr. Smith entitled to compensation.
Subsequently, on July 25, 2023, Chief Special Master Corcoran issued a decision awarding Mr. Smith a lump sum payment of $57,500.00, representing compensation for all damages.
Petitioner was represented by David John Carney of Green & Schafle LLC, and Respondent was represented by Rachelle Bishop of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Stephen Smith alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 15, 2020. The respondent conceded that Petitioner met the criteria for SIRVA as listed on the Vaccine Injury Table (42 C.F.R. §§ 100.3(a)(XIV)(B), 100.3(c)(10)) and satisfied the statutory severity requirement of suffering residual effects for more than six months post-vaccination. The respondent's concession, based on the record, led to a finding of entitlement. Petitioner was awarded a lump sum of $57,500.00. The public text does not name specific medical experts, detail the mechanism of injury beyond it being a Table injury, or describe the specific clinical presentation, diagnostic findings, or treatments. The attorneys involved were David John Carney for Petitioner and Rachelle Bishop for Respondent. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on June 21, 2023, and the decision awarding damages on July 25, 2023.
Source PDFs
USCOURTS-cofc-1_21-vv-01953