Robert Moseley v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2024-12-13Decided 2025-03-11Vaccine Influenza
compensated$58,044

Case summary [AI summaries can sometimes make mistakes]

Robert Moseley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of an influenza vaccination he received on October 25, 2022. The respondent conceded that Mr.

Moseley's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that Mr.

Moseley had no prior history of shoulder issues, that pain occurred within forty-eight hours after the vaccination, and that the pain and reduced range of motion were limited to the shoulder where the vaccine was administered. Furthermore, no other condition or abnormality was identified to explain the shoulder pain, and the residual effects of the injury lasted for more than six months.

Based on the respondent's concession and the evidence of record, the court found Mr. Moseley entitled to compensation.

Subsequently, the parties agreed to a settlement. The court awarded Mr.

Moseley a total of $58,044.80, which included $57,500.00 for pain and suffering and $544.80 for past unreimbursable expenses. This award was to be paid as a lump sum through an ACH deposit to his counsel's IOLTA account for prompt disbursement.

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