Marifer B. Cleveland v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2024)

Marifer B. Cleveland filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on August 18, 2020.

She stated the vaccine was administered in the United States, the adverse effects lasted longer than six months, and she had not received other compensation for her injuries. Respondent denied that the flu vaccine caused her alleged SIRVA or any other injuries.

Nevertheless, 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 $44,500.00 payable to Petitioner and a lump sum of $3,403.20 to reimburse a Medicaid lien for services rendered by the State of California.

This total award of $47,903.20 represents compensation for all items of damages available under the program. The court directed that judgment be entered in accordance with this decision.