Petitioner Awarded Compensation for Shoulder Injury Related to Vaccine Administration (SIRVA)

Strategic Insights -

Kathy Morris has been awarded compensation under the National Vaccine Injury Compensation Program for a shoulder injury related to vaccine administration (SIRVA) caused by her October 6, 2023 influenza vaccination. As a result of the vaccine, Petitioner suffered a SIRVA, and the residual effects of her injury lasted for more than six months. The case was assigned to the Special Processing Unit of the Office of Special Masters, and the respondent, Secretary of Health and Human Services, conceded that Petitioner is entitled to compensation.

Key Takeaways:

  • Kathy Morris filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2024, alleging a SIRVA injury caused by the administration of her October 6, 2023 influenza vaccination.
  • The respondent, Secretary of Health and Human Services, conceded that Petitioner is entitled to compensation, and the Division of Injury Compensation Programs concluded that the Petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.
  • Petitioner satisfied all legal prerequisites for compensation under the Act, including experiencing the residual effects of her condition for more than six months.
  • The Chief Special Master, Brian H. Corcoran, found that Petitioner is entitled to compensation and granted the award.
  • Muller Brazil, LLP, represented Petitioner in the case, and the U.S. Department of Justice represented Respondent.

Statistics:

  • Date of vaccine administration: October 6, 2023
  • Date of petition filing: December 11, 2024
  • Date of respondent's Rule 4(c) report: June 6, 2025
  • Date of Chief Special Master's ruling: July 18, 2025
  • Number of days Petitioner had to identify and move to redact medical or other information deemed an unwarranted invasion of privacy: 14 days

Sources:

  • In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2036V KATHY MORRIS, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent, RULING ON ENTITLEMENT1
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, § 300aa-10, et seq.
  • 42 U.S.C. § 300aa-13(a)(1)(B)
  • 42 U.S.C. § 300aa-11(c)(1)(D)(i)