Moira Croteau v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2023)

Filed 2021-01-08Decided 2023-02-13Vaccine Influenza
compensated$210,000

Case summary [AI summaries can sometimes make mistakes]

Moira Croteau filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021. She alleged that she suffered a right shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 9, 2018.

Ms. Croteau stated that the vaccination was administered in the United States, that she experienced residual effects of her alleged injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf.

The respondent, the Secretary of Health and Human Services, denied that Ms. Croteau sustained a SIRVA Table injury, denied that the vaccine caused her alleged right shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation for settlement on January 9, 2023. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable. He adopted the stipulation as his decision, awarding Moira Croteau $210,000.00 as compensation for all damages available under the program.

This lump sum was to be paid in the form of a check payable to the petitioner. The decision was entered on February 13, 2023.

Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, PA, and respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice.

Theory of causation

Petitioner Moira Croteau alleged a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 9, 2018. The respondent denied that the injury was a SIRVA Table injury or that the vaccine caused the alleged injury. The parties reached a joint stipulation for settlement. The public decision does not detail the specific mechanism of injury or name any medical experts. The stipulation states that the influenza vaccine is contained in the Vaccine Injury Table. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $210,000.00 to the petitioner. The decision was entered on February 13, 2023. Petitioner was represented by Jessica Olins, and respondent was represented by Alexa Roggenkamp.

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