Traci F. Cremeans v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Traci F. Cremeans filed a petition for compensation on January 12, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 13, 2020.
She further alleged that she experienced residual effects of this injury for more than six months. The respondent denied that the flu vaccine caused her alleged injury or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation on April 25, 2023, agreeing to a settlement. Chief Special Master Brian H.
Corcoran adopted the stipulation as his decision. The decision, dated May 30, 2023, awarded Traci F.
Cremeans $37,500.00 as compensation for all damages available under Section 15(a) of the Vaccine Act. This amount was to be paid as a lump sum in the form of a check payable to the petitioner.
The case was processed as a Table claim for SIRVA. Petitioner was represented by Coyreen Weidner of Moore, Corbett, Heffernan, Moeller & Meis LLP, and the respondent was represented by Mitchell Jones of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Traci F. Cremeans received an influenza vaccine on January 13, 2020, and alleged a shoulder injury related to vaccine administration (SIRVA) as set forth in the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding petitioner $37,500.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The stipulation, dated April 25, 2023, and the decision, dated May 30, 2023, do not detail the specific mechanism of injury or name any experts. Petitioner was represented by Coyreen Weidner, and Respondent by Mitchell Jones.
Source PDFs
USCOURTS-cofc-1_21-vv-00621