Connie Moser v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Connie Moser filed a petition for compensation on September 9, 2021, on behalf of herself, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 29, 2020. Ms.

Moser initially alleged a Table Injury for SIRVA. The petition did not detail her symptoms or medical treatment, and aside from a declaration, no supporting documentation, such as medical records, was submitted with the initial filing.

An order on February 9, 2021, required Ms. Moser to file all statutorily required documents, including medical records.

On September 1, 2021, Ms. Moser filed some medical records covering post-vaccination treatment through February 2021.

On the same date, Ms. Moser filed a motion for a decision dismissing her petition, stating that "After further investigation, the facts and science supporting her case have demonstrated to Petitioner that she will be unable to prove that she is entitled to compensation in the Vaccine Program." To receive compensation, a petitioner must prove either a "Table Injury" or that the vaccine caused the injury.

For a Table Injury, a petitioner must establish the severity requirement with supporting documentation, such as suffering the effects of the injury for at least six months or the injury resulting in inpatient hospitalization and surgical intervention. The public decision does not describe the specific symptoms, medical treatment, or expert opinions.

Ms. Moser did not file medical records to establish the severity requirement and admitted she would be unable to establish entitlement to compensation.

Chief Special Master Brian H. Corcoran granted Ms.

Moser's motion to dismiss. The case was dismissed for insufficient proof, and no award was made.

Petitioner counsel was Leigh Finfer of Muller Brazil, LLP. Respondent counsel was Heather L.

Pearlman of the U.S. Department of Justice.