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

Aubrielle Smythe filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of her January 22, 2021 influenza and meningococcal vaccinations. She stated that the vaccines were administered in the United States, that she experienced residual effects of her injury for more than six months, and that she had not received any prior award or settlement for this injury.

Respondent denied that Ms. Smythe suffered a Table SIRVA injury or that any vaccine caused her condition.

Despite these disagreements, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Ms.

Smythe a lump sum of $55,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The decision directs the Clerk of Court to enter judgment in accordance with the stipulation, and the parties agreed to submit to further proceedings for the award of reasonable attorneys' fees and costs.