Crystal Cervantez-Tkac v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Crystal Cervantez-Tkac filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on December 20, 2018. The respondent, the Secretary of Health and Human Services, denied that the petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury.

Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Crystal Cervantez-Tkac $32,995.88.

This amount includes a lump sum payment of $32,500.00 to the petitioner and $495.88 to reimburse a Medicaid lien for services rendered by the State of Colorado. The award represents compensation for all damages available under the Vaccine Act.

The stipulation also addresses future proceedings for attorneys' fees and costs.