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

On November 30, 2021, Moira MacAvoy filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 5, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 25, 2023, conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she met all legal requirements for compensation.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 29, 2023, finding Petitioner entitled to compensation.

Subsequently, on October 16, 2023, the respondent filed a proffer on the award of compensation, stating that Petitioner agreed with the proposed award. Petitioner was represented by Glen Howard Sturtevant, Jr. of Rawls Law Group, and Respondent was represented by Lauren Kells of the U.S.

Department of Justice. On November 17, 2023, Chief Special Master Corcoran issued a Decision on Damages, awarding Moira MacAvoy a lump sum payment of $95,000.00 for pain and suffering.

This amount represents all damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim, and entitlement was granted, leading to a stipulated award.