Elaine Moriarty v. HHS - Influenza, shoulder injury related to vaccine administration (2018)

Filed 2017-06-19Decided 2018-04-30Vaccine Influenza
compensated$76,652

Case summary [AI summaries can sometimes make mistakes]

Elaine Moriarty filed a petition for compensation under the National Vaccine Injury Compensation Program on May 12, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her influenza vaccination on October 2, 2013.

The petition stated that her condition had residual effects for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf. The respondent denied that the flu vaccine caused petitioner's alleged SIRVA or any other injury or her current condition.

Despite the respondent's denial, on June 19, 2017, both parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, Elaine Moriarty was awarded a lump sum of $76,652.17, payable to her, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on April 30, 2018.

Petitioner's counsel was William E. Cochran, Jr., and respondent's counsel was Linda Sara Renzi.

The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or expert witnesses.

Theory of causation

Petitioner Elaine Moriarty alleged a shoulder injury related to vaccine administration (SIRVA) caused by her October 2, 2013 influenza vaccination. The respondent denied causation. The parties filed a joint stipulation on June 19, 2017, agreeing to an award. The Special Master adopted the stipulation. The award was $76,652.17. The theory of causation is based on the Vaccine Injury Table (SIRVA). The public decision does not name experts or describe the mechanism of injury. The decision was issued by Chief Special Master Nora Beth Dorsey on April 30, 2018. Petitioner's counsel was William E. Cochran, Jr., and respondent's counsel was Linda Sara Renzi.

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