VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00035
Package ID: USCOURTS-cofc-1_21-vv-00035
Petitioner: Tomecca Cephus
Filed: 2021-01-04
Decided: 2024-08-13
Vaccine: influenza
Vaccination date: 2019-11-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 155000

AI-assisted case summary:
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.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00035-0
Date issued/filed: 2024-08-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/09/2024) regarding 56 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00035-UNJ Document 57 Filed 08/13/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0035V
TOMECCA CEPHUS, Chief Special Master Corcoran
Petitioner, Filed: July 9, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 4, 2021, Tomecca Cephus filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On January 31, 2022, she filed an amended petition. ECF No. 26.
Petitioner alleges that she suffered a shoulder injury related to vaccine administration
(“SIRVA”), a defined Table injury, after receiving an influenza (“flu”) vaccine on November
12, 2019. Amended Petition at 1, ¶ 2; Stipulation, filed July 8, 2024, ¶¶ 1-2, 4. Petitioner
further alleges that she received the vaccine within the United States, that she suffered
the residual effects of the SIRVA for more than six months, and that neither she nor any
other party has filed a civil action or received compensation for the SIRVA, alleged as
vaccine caused. Amended Petition at ¶¶ 2, 33-35; Stipulation at ¶¶ 3-5. “Respondent
denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused
Petitioner’s alleged shoulder injury, or any other injury; and denies that her current
condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In
accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I
agree that the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:21-vv-00035-UNJ Document 57 Filed 08/13/24 Page 2 of 7
Nevertheless, on July 8, 2024, the parties filed the attached joint stipulation, stating
that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $155,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to
enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:21-vv-00035-UNJ Document 57 Filed 08/13/24 Page 3 of 7
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
TOMECCA CEPHUS, *
*
*
Petitioners, * No. 21-35V
* Chief Special Master Corcoran
V. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
STIPULATION
The parties hereby stipulate to the following matters:
1. Tomecca Cephus, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U .S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
an influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42
C.F .R. § I 00.3 (a).
2. Petitioner received a flu immunization in her left shoulder on November 12, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table following administration
of the vaccine. She further alleges that she experienced residual effects of her injury for more
than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages on her behalf as a result of her condition.

Case 1:21-vv-00035-UNJ Document 57 Filed 08/13/24 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
flu vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the pa1ties nevertheless now agree that
the issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U. S.C. § 300aa-2 l (a)( I), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $155,000.00 in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-l 5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2 l(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa- l S(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
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Case 1:21-vv-00035-UNJ Document 57 Filed 08/13/24 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys fw1her agree and stipulate that, except for any
award for attorneys' fees, and litigation costs, and past unreimbursed expenses, the money
provided pursuant to this Stipulation will be used solely for the benefit of petitioner as
contemplated by a strict construction of 42 U. S.C. § 300aa-15(a) and (d ), and subject to the
conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, a flu vaccination administered on November 12, 2019, as
alleged by petitioner in a petition for vaccine compensation filed on or about January 4, 2021, in
the United States Court of Federal Claims as petition No. 2 l-35V.
14. If petitioner should die prior to entry of judgment, this agreement shall be
voidable upon proper notice to the Court on behalf of either or both of the pai1ies.
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Case 1:21-vv-00035-UNJ Document 57 Filed 08/13/24 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the
terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity
with a decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability
and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended,
except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of
the patties hereto to make any payment or to do any act or thing other than is herein expressly
stated and clearly agreed to. The parties further agree and understand that the award described in
this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that petitioner sustained a SIRVA Table injury; that the
flu vaccine caused petitioner's alleged shoulder injuries, or any other injury; or that her current
condition is a sequela of a vaccine-related injury.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:21-vv-00035-UNJ Document 57 Filed 08/13/24 Page 7 of 7
Respectfully submitted,
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
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RONALD C. HOMER (lvlt f!. J( <.)(:;.) HEATHER L. PEARLMAN
NATHA)JIEL C. ENOS Deputy Director
Conway Homer, P .C. To11s Branch
16 Shaw:nut Street Civil Division
Boston, MA 02116 U.S. Department of Justice
Tel: (617) 695-1990 P.O. Box 146
Fax: (617) 695-0880 Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
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Geo Digitally signed by George R
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Grimes _ 0vi
514 ~~1-~~~024.06.2413,11,11
CDR GEORGE REED GRIMES, MD, MPH DEBRA A. FILTEAU BEGLEY
Director, Division ofinjury Senior Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Hun:an Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A Tel: (202) 616-4181
Rockville, MD 20857 Email: dcbrn.bcgley@usdoj.gov
Dated: 7/g) ~{) ;;JL{
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