Ellisa Morine v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Ellisa Morine filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine she received on September 26, 2014, caused her to suffer from a shoulder injury related to vaccine administration (SIRVA). The respondent initially moved to dismiss, arguing that Ms.

Morine did not suffer residual effects for at least six months. However, the court denied this motion, finding that she did meet the six-month requirement.

Subsequently, the respondent filed a Rule 4(c) Report, conceding that Ms. Morine had satisfied the criteria for SIRVA as defined by the Vaccine Injury Table, including no prior history of shoulder issues, onset of pain within 48 hours of vaccination, pain limited to the injection shoulder, and no other identified condition explaining the pain.

Based on the respondent's concession and the court's prior ruling, entitlement to compensation was granted. The parties later stipulated to an award of $47,500.00 for all damages available under the Act.

This amount was awarded as a lump sum payment to Ms. Morine.