Brittany Moreland v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Brittany Moreland, an adult, received an influenza vaccine on October 16, 2017. She subsequently developed a shoulder injury related to vaccine administration (SIRVA).
The respondent conceded that her injury was a Table Injury and that she was entitled to compensation. The parties were unable to agree on damages, leading to a decision awarding compensation for pain and suffering.
Initially, the court awarded $75,000.00 for pain and suffering but denied lost earnings. The petitioner moved for reconsideration, and after further review, the court reaffirmed the $75,000.00 award for pain and suffering but again denied the claim for lost earnings.
The court found that the petitioner failed to substantiate her claims for lost earnings from house flipping, rental properties, and real estate commissions with sufficient evidence, deeming them speculative. The court also noted that the medical records did not strongly support the severity of the injury claimed for lost earnings, and the petitioner did not provide expert vocational testimony.
The final award of $75,000.00 was for actual pain and suffering, with no award for future pain and suffering or lost earnings.
Source PDFs
USCOURTS-cofc-1_18-vv-01319