Michelle Montgomery v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Michelle Montgomery filed a petition for compensation under the National Vaccine Injury Compensation Program on March 1, 2024. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination received on October 13, 2022.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 8, 2025, conceding that Ms. Montgomery's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation.
Based on the respondent's concession, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 10, 2025, finding Ms.
Montgomery entitled to compensation. The case then proceeded to a decision on damages.
On May 7, 2025, the respondent filed a Proffer on Award of Compensation, which Ms. Montgomery agreed to.
Chief Special Master Corcoran issued a Decision on Damages on June 9, 2025, awarding Ms. Montgomery a lump sum of $60,514.75.
This award consisted of $55,000.00 for pain and suffering and $5,514.75 for lost earnings, representing all damages available under the Act. The award was to be paid through an ACH deposit to Ms.
Montgomery's counsel's IOLTA account for prompt disbursement. Petitioner's counsel was Daniel Alholm of Alholm Law PC, and respondent's counsel was Christopher Pinto from the U.S.
Department of Justice.
Theory of causation
Petitioner Michelle Montgomery alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 13, 2022. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation were met. The case proceeded to a damages determination based on this concession. The parties stipulated to an award, and Chief Special Master Brian H. Corcoran ordered a lump sum payment of $60,514.75, comprising $55,000.00 for pain and suffering and $5,514.75 for lost earnings. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings beyond the diagnosis of SIRVA. Petitioner was represented by Daniel Alholm, and Respondent by Christopher Pinto. The decision was issued on June 9, 2025.
Source PDFs
USCOURTS-cofc-1_24-vv-00323