Cynthia Sames v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Cynthia Sames filed a petition for compensation under the National Vaccine Injury Compensation Program on July 3, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 11, 2017. She stated the vaccine was administered in the United States, the injury had residual effects for more than six months, and there had been no prior award or settlement for civil damages.

Respondent denied that petitioner sustained a SIRVA, that the vaccine caused her injury, or that her condition was a sequelae of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation on August 6, 2021, agreeing to settle the case.

The court adopted the stipulation as its decision, awarding Cynthia Sames a lump sum of $45,000.00 as compensation for all items of damages. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.

The stipulation noted that it was not an admission by the United States that the flu vaccine caused the alleged injury.