Bobbi Moon v. HHS - Influenza, right-sided shoulder injury related to vaccine administration (SIRVA) (2024)

Bobbi Moon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she developed a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 21, 2019. The case was dismissed because the court found that Ms.

Moon failed to establish the statutory severity requirement, which mandates that the injury must have residual effects lasting for at least six months post-vaccination. While Ms.

Moon presented evidence of pain and limitations following the vaccination, including physical therapy, the court noted that she was discharged from physical therapy having met all her goals just three months post-vaccination. Subsequent medical records over the next 16 months did not consistently document an ongoing right shoulder injury, despite numerous medical encounters for other issues.

Although a record from May 2021, nineteen months post-vaccination, noted tenderness and limited range of motion, the court found this single record insufficient to overcome the significant gap in treatment and documentation. Ms.

Moon's own statements and those of her ex-husband lacked the specificity needed to corroborate the prolonged severity of her injury. Consequently, the court determined that the evidence did not preponderantly demonstrate that her SIRVA persisted for the required six months, leading to the dismissal of her claim.