Diana Smith v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Diana Smith filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 10, 2020. She further alleged that the injury caused sequelae lasting more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that her alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. A Ruling on Entitlement was issued on May 13, 2024, finding Diana Smith entitled to compensation.

Subsequently, on March 24, 2025, the respondent filed a Proffer on Damages, recommending an award of $77,000.00 for pain and suffering and $2,083.66 for past unreimbursable expenses, totaling $79,083.66. Diana Smith agreed with this proffered award.

The Chief Special Master issued a Decision Awarding Damages on May 2, 2025, awarding Diana Smith a lump sum payment of $79,083.66 for pain and suffering and past unreimbursable expenses.