Timothy Moore v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2023)

Timothy Moore filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging that he received an influenza vaccination on November 25, 2019, and subsequently suffered a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer on November 30, 2022, conceding that Mr.

Moore was entitled to compensation. The respondent agreed that Mr.

Moore's condition met the criteria for SIRVA as a Table injury, that the case was timely filed, that the vaccine was administered in the United States, and that the injury resulted in residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on November 30, 2022, finding Mr. Moore entitled to compensation.

Subsequently, on January 17, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Mr. Moore a lump sum of $58,007.52, payable by check to Petitioner, as compensation for all damages.

Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Nancy Tinch of the U.S. Department of Justice.