Kenneth Cuevas v. HHS - Influenza, left Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Kenneth Cuevas filed a petition for vaccine compensation alleging a left shoulder injury related to a flu vaccine he received on October 19, 2016. He stated that he received the vaccine in the United States, experienced residual effects for more than six months, and had not filed a civil action or received other compensation for the injury.

Respondent denied that Mr. Cuevas sustained a Table injury within the specified time period or that the flu vaccine caused his alleged shoulder injury.

Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court.

Mr. Cuevas was awarded a lump sum of $35,000.00, representing compensation for all damages available under the Vaccine Act.

This award was intended to cover all items of damages. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.

The stipulation was considered a full and complete negotiated settlement of liability and damages, and it did not constitute an admission by the United States that the injury was vaccine-caused.