Monique Samayoa v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2021-01-06Decided 2025-06-09Vaccine Influenza
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

Monique Samayoa filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 16, 2019. She reported pain and limited range of motion in her left arm starting seventeen days post-vaccination, attributing it to the flu shot administered in her left deltoid.

Her claim was accepted by her workers' compensation carrier, and she received treatment including physical therapy and a steroid injection. However, the respondent argued that she failed to meet the six-month severity requirement for a Table SIRVA injury.

The court found that Petitioner likely received the vaccine in her left arm, granting her motion for a factual finding on the site of vaccination. The decision noted that further evidence and argument are needed to address the severity requirement and the respondent's arguments regarding the Table claim.

The parties were encouraged to explore settlement, and a joint status report was ordered. The case is ongoing, pending further evidence and argument on entitlement and damages.

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