John Cherry v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

John Cherry filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine he received on November 2, 2020. The petition stated that the vaccine was administered in the United States, his SIRVA symptoms persisted for more than six months, and no prior action or compensation had been received for this injury.

Respondent denied that Mr. Cherry sustained a Table SIRVA injury, denied that the vaccine caused his injury, and denied that his current condition was a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding a lump sum of $13,590.00 for pain and suffering and $1,510.02 to reimburse a Medicaid lien.

These amounts represent compensation for all items of damages available under the Vaccine Act. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.