Cherylene Jackson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA), subacromial bursitis, rotator cuff tendinitis, partial-thickness tear of the rotator cuff, rotator cuff syndrome, and a swollen mass on her right upper arm (2022)

On August 19, 2019, Cherylene Jackson filed a petition for compensation under the National Vaccine Injury Compensation Program. Ms.

Jackson alleged that she received an influenza vaccine on August 31, 2016, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). Her alleged conditions included subacromial bursitis, rotator cuff tendinitis, a partial-thickness tear of the rotator cuff, rotator cuff syndrome, and a swollen mass on her right upper arm.

She further alleged that her symptoms lasted longer than six months. The respondent, the Secretary of Health and Human Services, denied that Ms.

Jackson sustained a SIRVA Table injury or that her alleged shoulder injury and its residual effects were caused by the flu vaccine. The parties, represented by Jimmy A.

Zgheib of Zgheib Sayad, P.C. for the petitioner and Adriana Ruth Teitel of the U.S. Department of Justice for the respondent, filed a joint stipulation on June 8, 2022.

In the stipulation, they agreed to settle the issues between them. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. The decision awarded Ms.

Jackson a lump sum of $35,000.00, payable by check, as compensation for all items of damages. The decision was issued on July 8, 2022.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments undertaken by Ms. Jackson, nor does it name any medical experts consulted by either party.

The stipulation states that the payment is for all damages available under 42 U.S.C. § 300aa-15(a) and that further proceedings would be held to award reasonable attorneys' fees and costs.