Ellen Moss v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Ellen Moss filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on November 28, 2017. She stated the vaccine was administered in the United States, that her injury had residual effects for more than six months, and that she had not received a prior award or settlement for this condition.

The respondent, the Secretary of Health and Human Services, denied that Ms. Moss sustained a SIRVA Table injury, denied that the vaccine caused her injury, and denied that her condition was a sequela of a vaccine-related injury.

Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision.

Ms. Moss was awarded a lump sum of $20,000.00, representing compensation for all items of damages available under the program.

This award was made as a settlement of liability and damages.