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

Filed 2022-08-18Decided 2023-12-18Vaccine Influenza
compensated$43,800

Case summary [AI summaries can sometimes make mistakes]

Michelle Moises 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 vaccination on November 5, 2020. She claimed her SIRVA symptoms persisted for more than six months.

The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting no prior shoulder issues, pain onset within 48 hours, pain limited to the injection site, and no other identified cause. The respondent also agreed that her symptoms persisted for more than six months.

Based on the respondent's concession and the evidence, the court found Michelle Moises entitled to compensation. Subsequently, a decision awarding damages was issued.

The respondent proffered an award of $43,800.00, comprising $43,500.00 for past pain and suffering and $300.00 for past unreimbursable expenses, to which Michelle Moises agreed. The court awarded her this lump sum amount as compensation for all damages available under the Act.

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