Tony Moye v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Tony Moye filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of his October 22, 2020 influenza vaccination. The respondent, the Secretary of Health and Human Services, conceded that Mr.

Moye was entitled to compensation. The respondent determined that Mr.

Moye satisfied the Table criteria for SIRVA, noting he had no prior history of shoulder issues, his symptoms were limited to the injection site, and the onset of pain occurred within forty-eight hours of vaccination. The respondent also confirmed that the case was timely filed, the vaccine was administered in the United States, and Mr.

Moye met the statutory severity requirement. Based on the respondent's concession and the evidence, the court found Mr.

Moye entitled to compensation. Subsequently, the parties stipulated to an award of $62,500.00 for pain and suffering.

This amount represents compensation for all damages available under the program. The court entered judgment in accordance with this decision.