Cletus Emeziem v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Cletus Emeziem filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 13, 2020. The respondent conceded that Mr.

Emeziem's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that Mr.

Emeziem had no prior history of shoulder issues, the pain occurred within 48 hours of the vaccination, was limited to the injection shoulder, and no other condition explained the pain. The respondent also agreed that the residual effects lasted longer than six months.

Based on the respondent's concession and the evidence, the court found Mr. Emeziem entitled to compensation.

Subsequently, the parties stipulated to an award of $57,616.92, which included $55,000.00 for pain and suffering and $2,616.92 for past unreimbursable expenses. The decision awarding damages was issued on August 26, 2024.