Ernesto Cardenas v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Ernesto Cardenas filed a petition for compensation under the National Vaccine Injury Compensation Program after receiving an influenza vaccine on January 8, 2020. He alleged that he sustained a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table and experienced residual effects for more than six months.

The respondent denied that Mr. Cardenas sustained a Table injury or that the vaccine caused his alleged shoulder injury.

Despite these positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. Chief Special Master Corcoran adopted the stipulation as his decision, awarding Mr.

Cardenas a lump sum of $22,500.00 for all items of damages. This amount represents compensation for his SIRVA claim, which is a Table injury.

The parties agreed that this stipulation constitutes a full and complete negotiated settlement of liability and damages, and Mr. Cardenas released the United States from further claims related to the vaccination.