Tomecca Cephus v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Tomecca Cephus filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 12, 2019. She stated that the vaccine was administered in the United States, that she experienced residual effects of the SIRVA for more than six months, and that no civil action had been filed or compensation received for the injury.
Respondent denied that Ms. Cephus sustained a SIRVA Table injury or that the flu vaccine caused her alleged shoulder injury or any other injury.
Despite these differing positions, the parties filed a joint stipulation agreeing that the case should be settled and compensation awarded. The court adopted the stipulation as its decision, awarding Ms.
Cephus a lump sum of $155,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.
The stipulation also noted that the parties would submit to further proceedings to award reasonable attorneys' fees and costs.
Source PDFs
USCOURTS-cofc-1_21-vv-00035