Jean Cefula v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

On November 25, 2020, Jean Cefula filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she sustained a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 25, 2018.

Petitioner stated that she received the vaccine in the United States and suffered residual effects of her SIRVA injury for more than six months. Petitioner also stated that neither she nor any other party had filed an additional civil action or received compensation for her SIRVA injury.

The respondent denied that Petitioner sustained a SIRVA Table Injury, denied that her alleged shoulder injury was caused-in-fact by the flu vaccine, and denied that the flu vaccine caused her any other injury or her current condition. Despite these denials, on June 28, 2022, the parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision of the court.

Petitioner Jean Cefula was awarded a lump sum of $15,000.00, payable by check to Petitioner, representing compensation for all items of damages available under Section 15(a). The case proceeded as a Table claim.

Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and Respondent was represented by Kyle Edward Pozza of the U.S.

Department of Justice.