VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00578
Package ID: USCOURTS-cofc-1_11-vv-00578
Petitioner: Tracey Lynne Moore
Filed: 2011-09-09
Decided: 2015-10-28
Vaccine: influenza
Vaccination date: 2009-02-09
Condition: systemic influenza vaccine systemic immune response (characterized by rash, myalgias, fever, arthraligias, and progressive severe disability)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Tracey Lynne Moore filed a petition on September 9, 2011, alleging that an influenza vaccination she received on February 9, 2009 caused her to suffer a systemic immune response characterized by rash, myalgias, fever, arthralgias, and progressive severe disability, with residual effects lasting more than six months.

On October 20, 2014, the parties filed a stipulation. Respondent denied that the flu vaccination caused petitioner's systemic immune response, any other injury, or her current disability. Nonetheless, the parties agreed to resolve the case through stipulation, and Special Master Corcoran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $80,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On October 5, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Corcoran awarded $20,398.32, payable jointly to petitioner and her counsel, Theodore F. Goralski Jr., of Sanders Law Firm. Petitioner did not personally incur any reimbursable costs.

Theory of causation field:
Flu Feb 9, 2009 → systemic immune response (rash, myalgias, fever, arthralgias, progressive severe disability). Stipulation Oct 20, 2014; SM Corcoran. $80,000. Fees $20,398.32 (Goralski). decision_date corrected: '2014-11-25'→'2015-10-28' (granule 1 date_issued; DB had damages decision date).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00578-0
Date issued/filed: 2014-11-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/4/2014) regarding 39 DECISION Stipulation/Proffer ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
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Case 1:11-vv-00578-UNJ Document 40 Filed 11/25/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-578V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
TRACEY LYNNE MOORE, * Filed: November 4, 2014
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Influenza (“Flu”) Vaccine;
* Systemic Immune Response
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Theodore F. Goralski, Jr., Sanders Law Firm, Mineola, NY, for Petitioner.
Claudia Barnes Gangi, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
DECISION AWARDING DAMAGES1
On September 9, 2011, Tracey Lynne Moore filed a petition seeking compensation under
the National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of
receiving the influenza (“flu”) vaccine on February 9, 2009, she suffered from a systemic
influenza vaccine systemic immune response (characterized by rash, myalgias, fever,
arthraligias, and progressive severe disability), and that she experienced the residual effects of
this injury for more than six months.
1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted on the website of
the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347,
§ 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is
privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute
a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the ruling will be available to the public.
Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury
Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended, 42 U.S.C.A. ' 300aa-10 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:11-vv-00578-UNJ Document 40 Filed 11/25/14 Page 2 of 7
Respondent denies that the flu vaccine caused Petitioner’s alleged systemic immune
response, any other injury, or her current disability. Nonetheless both parties, while maintaining
their above-stated positions, agreed in a stipulation (filed October 20, 2014) that the issues before
them can be settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’
stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms
set forth therein.
The stipulation awards:
 A lump sum of $80,000.00 in the form of a check payable to Petitioner. The
amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2

Case 1:11-vv-00578-UNJ Document 40 Filed 11/25/14 Page 3 of 7

Case 1:11-vv-00578-UNJ Document 40 Filed 11/25/14 Page 4 of 7

Case 1:11-vv-00578-UNJ Document 40 Filed 11/25/14 Page 5 of 7

Case 1:11-vv-00578-UNJ Document 40 Filed 11/25/14 Page 6 of 7

Case 1:11-vv-00578-UNJ Document 40 Filed 11/25/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00578-1
Date issued/filed: 2015-10-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/05/2015) regarding 46 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00578-UNJ Document 47 Filed 10/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-578V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
TRACEY LYNNE MOORE, *
* Filed: October 5, 2015
Petitioner, *
* Decision by Stipulation; Attorney’s
v. * Fees & Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Theodore F. Goralski, Jr., Sanders Law Firm, Mineola, NY, for Petitioner
Claudia Gangi, U.S. Dep’t of Justice, Washington, DC, for Respondent
ATTORNEY’S FEES AND COSTS DECISION1
On September 9, 2011, Tracey Lynne Moore filed a petition seeking compensation under
the National Vaccine Injury Compensation Program. On October 17, 2014, the parties filed a
stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision
finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the
stipulation.
On October 5, 2015, counsel for both parties filed another joint stipulation, this time in
regard to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should
receive a lump sum of $20,398.32, in the form of a check payable to Petitioner and Petitioner’s
1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the
United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, § 205, 116 Stat. 2899, 2913 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42
U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of
confidential information. Specifically, under Vaccine Rule 18(b), each party has 14 days within which to request
redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance
and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would
constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be
available to the public. (Id.)

Case 1:11-vv-00578-UNJ Document 47 Filed 10/28/15 Page 2 of 2
counsel. This amount represents a sum to which Respondent does not object. In addition, and in
compliance with General Order No. 9, Petitioner has represented that she did incur any
reimbursable costs in proceeding on this petition.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award should be made in the form of a check in the amount of $20,398.32 payable jointly to
Petitioner and Petitioner’s counsel, Theodore F. Goralski, Jr. Esq. In the absence of a motion for
review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT
in accordance with the terms of the parties’ stipulation.2
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their
right to seek review.