Elaine Moriarty v. HHS - Influenza, shoulder injury related to vaccine administration (2017)

Filed 2016-05-12Decided 2017-06-19Vaccine 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 June 19, 2017.

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.

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