Donna J. Moore v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Donna J. Moore filed a petition for compensation on October 15, 2019, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 24, 2018.
The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation. In a report filed on March 1, 2021, the respondent stated that Ms.
Moore met the criteria for a Table injury, including having no prior history of shoulder issues, experiencing pain and reduced range of motion within 48 hours of vaccination, and having symptoms localized to the vaccinated shoulder, with no other condition identified to explain her symptoms. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on March 1, 2021, finding Ms. Moore entitled to compensation.
Subsequently, on April 13, 2021, the respondent filed a proffer recommending an award of $52,500.00 for pain and suffering damages, which Ms. Moore agreed to.
Chief Special Master Corcoran issued a decision on May 19, 2021, awarding Ms. Moore a lump sum payment of $52,500.00, representing compensation for all damages.
Petitioner was represented by Carl Joseph McCoy of McCoy & McCoy, and the respondent was represented by Julia Marter Collison of the U.S. Department of Justice.
Theory of causation
Petitioner Donna J. Moore alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 24, 2018. The respondent conceded entitlement, finding that the petitioner met the criteria for a Table injury. Specifically, the respondent noted no prior history of shoulder pain, inflammation, or dysfunction; onset of pain and reduced range of motion within 48 hours of the intramuscular vaccination; symptoms localized to the vaccinated shoulder; and no other identified condition to explain the symptoms. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 1, 2021. A subsequent proffer on award of compensation, filed by the respondent on April 13, 2021, recommended $52,500.00 in pain and suffering damages, to which the petitioner agreed. Chief Special Master Corcoran awarded this amount on May 19, 2021. Petitioner was represented by Carl Joseph McCoy, and respondent was represented by Julia Marter Collison.
Source PDFs
USCOURTS-cofc-1_19-vv-01604