Debra J. Moore v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Debra J. Moore filed a petition alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 5, 2018.

The respondent conceded entitlement to compensation, stating that her medical course was consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered residual effects for more than six months. The case proceeded to a damages determination as the parties could not informally resolve the amount.

Petitioner sought $140,000.00 for past pain and suffering, while the respondent countered with $87,500.00. After an expedited hearing, the Chief Special Master awarded Debra J.

Moore $115,000.00 for actual pain and suffering. The decision noted that her shoulder pain was moderate, with pain never exceeding a three on a ten-point scale.

While she underwent surgery and physical therapy, there was a four-month gap in treatment, and her physician noted she was doing well with limited internal rotation due to pain by her last appointment. The award was based on the specific circumstances of her case, considering the severity and duration of her injury, and comparing it to prior SIRVA cases.