Cheryl Stephens v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Cheryl Stephens filed a petition for compensation on August 1, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 29, 2015. The respondent filed a Rule 4(c) Report on October 24, 2016, conceding that the petitioner's injury was consistent with SIRVA and was caused-in-fact by the flu vaccination.

The respondent also stated that no other causes for the petitioner's SIRVA were identified and that all statutory and jurisdictional requirements were met, including the condition having persisted for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 25, 2016, finding petitioner entitled to compensation.

Subsequently, on October 25, 2016, Chief Special Master Dorsey issued a decision awarding damages. The respondent had filed a proffer indicating the petitioner should be awarded $115,019.92, and the petitioner agreed with this amount.

The court awarded Cheryl Stephens a lump sum payment of $115,019.92, representing compensation for all damages available under § 300aa-15(a). The attorneys for the petitioner were Amber D.

Wilson of Maglio Christopher and Toale, PA, and the attorney for the respondent was Lara A. Englund of the U.S.

Department of Justice.