Keisha L. Stephens v. HHS - Influenza, anaphylactic shock and related symptoms (2025)

On October 23, 2023, Keisha L. Stephens filed a Vaccine Program petition alleging that an influenza vaccination administered on November 9, 2020 caused anaphylactic shock and a range of continuing symptoms, including weakness, difficulty walking, chest pain, shortness of breath, nausea, headache, dizziness, pain, anxiety, and depression.

She sought damages for pain and suffering, mental anguish, disability, medical expenses, and lost wages. The case was dismissed on jurisdictional grounds before the court reached the medical merits.

Respondent moved to dismiss because Ms. Stephens had already filed a Texas civil action, later removed to federal court, that included a medical-malpractice claim arising from the same vaccination event.

Ms. Stephens argued that the civil case was primarily an employment dispute and that she had relied on instructions directing her toward the Vaccine Program, but Special Master Nora Beth Dorsey found that the medical-malpractice claim was a civil action for damages for a vaccine-related injury.

On October 24, 2025, Special Master Dorsey held that a Vaccine Program petition filed while such a civil action is still pending is barred by Section 11(a)(5)(B). The later voluntary dismissal of the civil action did not cure the defect.

The petition was dismissed without prejudice for lack of subject-matter jurisdiction, and no compensation was awarded.