Rebecca Mouyos v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Rebecca Mouyos filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 25, 2019. She stated the vaccine was administered in the United States, she experienced residual effects for more than six months, and had no prior award or settlement for her condition.

The respondent denied that Ms. Mouyos sustained a SIRVA Table injury, denied that the flu vaccine caused her injury, and denied that the flu vaccine caused any other injury or her current condition.

Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Ms.

Mouyos a lump sum of $30,000.00 for all items of damages available under the Vaccine Act. This award represents a settlement of liability and damages, and the stipulation explicitly states it is not an admission by the United States that the flu vaccine caused the alleged injury.