Jason Bembry v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2025)

Jason Bembry filed a petition for vaccine compensation on July 30, 2025, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 7, 2022. He also received a COVID-19 vaccine on the same day.

Mr. Bembry claimed his SIRVA symptoms persisted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Bembry's injury or current condition.

Despite this denial, the parties filed a joint stipulation on July 29, 2025, agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Mr.

Bembry a lump sum of $62,000.00. This amount is intended to cover all damages available under the Vaccine Act.

The stipulation also noted that Mr. Bembry received a COVID-19 vaccine on the same date, which is not on the Vaccine Injury Table, and that he waived any claims under the Countermeasures Injury Compensation Program (CICP) related to that vaccine.

The case was resolved through this stipulation, with the court directing the clerk to enter judgment in accordance with the decision.