Bernadette Moya v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Bernadette Moya filed a petition for compensation under the National Vaccine Injury Compensation Program on July 14, 2020. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine in her left arm on October 12, 2018.
Petitioner stated that the injury persisted for more than six months and that the influenza vaccine is contained in the Vaccine Injury Table. The respondent denied that Petitioner sustained a Table SIRVA injury, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition is a sequela of a vaccine-related injury.
On September 6, 2022, the parties filed a joint stipulation for damages. Chief Special Master Brian H.
Corcoran found the stipulation reasonable and awarded Bernadette Moya a lump sum of $145,000.00 as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Leigh Finfer of Muller Brazil, LLP represented the Petitioner, and Matthew Murphy of the U.S. Department of Justice represented the Respondent.
Theory of causation
Petitioner Bernadette Moya received an influenza vaccine on October 12, 2018, and alleged a shoulder injury related to vaccine administration (SIRVA) that persisted for more than six months. The injury was alleged to be a Table SIRVA injury or, in the alternative, caused-in-fact by the vaccine. Respondent denied the allegations. The parties filed a joint stipulation for damages, and Chief Special Master Brian H. Corcoran awarded Petitioner $145,000.00. The public decision does not specify the mechanism of injury, expert testimony, or detailed medical evidence. The theory of causation is based on a stipulation between the parties, with the Special Master adopting the terms of the stipulation as his decision. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Matthew Murphy of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_20-vv-00854