VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00701
Package ID: USCOURTS-cofc-1_21-vv-00701
Petitioner: Connie Moser
Filed: 2021-09-09
Decided: 2021-10-04
Vaccine: influenza
Vaccination date: 2020-09-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Connie Moser alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on September 29, 2020. She alleged a SIRVA Table Injury. The petition was filed on September 9, 2021. Ms. Moser did not submit sufficient supporting documentation, such as medical records, to establish the severity requirement for her alleged injury. On September 1, 2021, Ms. Moser filed a motion to dismiss her petition, stating she would be unable to prove entitlement to compensation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical findings. Chief Special Master Brian H. Corcoran granted the motion to dismiss for insufficient proof. No award was made. Petitioner counsel was Leigh Finfer. Respondent counsel was Heather L. Pearlman.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00701-0
Date issued/filed: 2021-10-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/9/2021) regarding 11 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.
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Case 1:21-vv-00701-UNJ Document 15 Filed 10/04/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-701V
UNPUBLISHED
CONNIE MOSER,
Chief Special Master Corcoran
Petitioner,
v.
Filed: September 9, 2021
SECRETARY OF HEALTH AND
HUMAN SERVICES, Motion for decision; Dismissal;
Influenza (flu) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 12, 2021, Connie Moser filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34,2
(the “Vaccine Act”). Ms. Moser alleged that she suffered a shoulder injury related to
vaccine administration (“SIRVA”) from an influenza vaccine she received on September
29, 2020. ECF no. 1.
On September 1, 2021, Ms. Moser filed a motion for a decision dismissing her
petition. For the reasons set forth below, Ms. Moser’s motion is GRANTED, and this
case is DISMISSED.
In the petition, Ms. Moser alleged that she received an influenza vaccination but
did not otherwise detail any of her symptoms or medical treatment. ECF No. 1. Aside
1 Although I have not formally designated this Decision for publication, I am required to post it on the United
States Court of Federal Claims' website because it contains a reasoned explanation for the action in this
case, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). This means the Decision will be
available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has
14 days to identify and move to redact medical or other information, the disclosure of which would constitute
an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this
definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:21-vv-00701-UNJ Document 15 Filed 10/04/21 Page 2 of 2
from a declaration, Ms. Moser did not submit any medical records or other supporting
documentation with the petition.
The February 9, 2021 PAR Initial Order required Ms. Moser to file all the
statutorily required documents, including medical records supporting the vaccination,
pre-vaccination treatment, and post-vaccination treatment. ECF No. 5. On September 1,
2021, Ms. Moser filed some medical records covering post-vaccination treatment
through February 2021. Exhibits 3-5.
On the same date, Ms. Moser filed a motion for a decision dismissing the 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.” ECF No. 10.
To receive compensation under the National Vaccine Injury Compensation
Program, a petitioner must prove either 1) that the vaccinee suffered a “Table Injury” –
i.e., an injury falling within the Vaccine Injury Table – corresponding to one of the
vaccinations, or 2) that the vaccinee suffered an injury that was actually caused by a
vaccine. See §§ 300aa—13(a)(1)(A) and 11(c)(1). Ms. Moser alleged that she sustained
a SIRVA Table Injury.
Under the Vaccine Act, a petitioner may not receive compensation based solely
on the petitioner’s claims alone. Rather, the petition must be supported by either
medical records or by the opinion of a competent physician. § 300aa—13(a)(1). For a
Table Injury, among other requirements, a petitioner must establish with supporting
documentation the severity requirement, that she either suffered the effects of this injury
for at least six months or the injury resulted in inpatient hospitalization and surgical
intervention. § 300aa—11(c)(1). Ms. Moser did not file any medical records to establish
the severity requirement. Moreover, Ms. Moser admitted in her motion for a decision
that she will not be able to establish entitlement to compensation.
Thus, Petitioner has failed to establish entitlement to compensation in the
Vaccine Program. This case is dismissed for insufficient proof. The clerk shall
enter judgment accordingly.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 If Petitioner wishes to bring a civil action, he must file a notice of election rejecting the judgment
pursuant to § 21(a) “not later than 90 days after the date of the court’s final judgment.”
2