VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00084
Package ID: USCOURTS-cofc-1_13-vv-00084
Petitioner: Luann Moran
Filed: 2013-01-31
Decided: 2014-11-24
Vaccine: influenza
Vaccination date: 2011-11-14
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Luann Moran filed a petition on January 31, 2013, alleging that an influenza vaccine she received on November 14, 2011, caused her to develop a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's shoulder injury or any other injury. The parties later contacted the Special Master's chambers indicating they had reached settlement terms. On October 6, 2014, the parties filed a stipulation of fact regarding attorneys' fees and costs, with the petitioner requesting a total award of $16,000.00, to which the respondent did not object. Special Master Thomas L. Gowen found this stipulation reasonable and adopted it as the decision of the Court, granting the award of attorneys' fees and costs. The award was to be made in the form of a check jointly payable to Luann Moran and her attorney, Diana L. Stadelnikas Sedar of Maglio Christopher & Toale, P.A., in the amount of $16,000.00. Subsequently, on October 31, 2014, the parties filed a joint stipulation on damages. In this stipulation, the respondent continued to deny that the flu vaccination caused petitioner's shoulder injury or her current disabilities. However, the parties agreed that a decision should be entered awarding compensation. Special Master Gowen found this stipulation reasonable and adopted it as the decision of the Court. Petitioner Luann Moran was to receive a lump sum of $125,000.00, payable to her, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision does not describe the onset of symptoms, specific clinical details of the injury, diagnostic tests, or treatments. The public decision does not name any medical experts for either party.

Theory of causation field:
Petitioner Luann Moran alleged that an influenza vaccine administered on November 14, 2011, caused a shoulder injury related to vaccine administration (SIRVA). The respondent denied causation. The parties entered into a joint stipulation on October 31, 2014, agreeing to settlement terms. Petitioner was awarded $125,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs were awarded in the amount of $16,000.00, payable jointly to petitioner and her counsel, Diana L. Stadelnikas Sedar of Maglio Christopher & Toale, P.A. Special Master Thomas L. Gowen adopted the stipulations as the decision of the Court on November 24, 2014 (damages) and October 29, 2014 (fees and costs). The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00084-0
Date issued/filed: 2014-10-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/7/2014) regarding 34 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00084-UNJ Document 39 Filed 10/29/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-84V
Filed: October 7, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
LUANN MORAN, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Diana L. Stadelnikas Sedar, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Voris E. Johnson, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On January 31, 2013, Luann Moran (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that as a result of receiving an influenza (“flu”) vaccine on November 14, 2011, she developed a
shoulder injury related to vaccine administration (“SIRVA”). Petition at ¶¶ 1, 10.
On July 29, 2014, the parties contacted the undersigned’s chambers and indicated that
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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
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).
2 The National Vaccine Injury Compensation Program is set forth in 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. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00084-UNJ Document 39 Filed 10/29/14 Page 2 of 2
they had agreed to settlement terms in this matter. The undersigned ordered respondent to file a
signed stipulation of fact regarding settlement by no later than December 29, 2014. On October
6, 2014, the parties filed a stipulation of fact regarding attorneys’ fees and costs. Petitioner
requests a total award of attorneys’ fees and costs in the amount of $16,000.00. Respondent does
not object. In accordance with General Order #9, petitioner’s counsel represents that petitioner
did not personally incur costs in pursuit of this claim. See General Order #9 Statement, filed Oct.
6, 2014.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). The undersigned finds the stipulation reasonable and adopts it as the decision of
the Court in GRANTING an award of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Diana L. Stadelnikas Seder, of Maglio Christopher & Toale, P.A. in the amount of
$16,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00084-1
Date issued/filed: 2014-11-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/3/2014) regarding 41 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00084-UNJ Document 45 Filed 11/24/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-84V
Filed: November 3, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
LUANN MORAN, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Shoulder Injury;
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Diana L. Stadelnikas Sedar, Maglio, Christopher & Toale, P.A., Sarasota, FL, for petitioner.
Voris E. Johnson, Jr., United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On January 31, 2013, LuAnn Moran (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that, as a result of receiving an influenza (“flu”) vaccine on November 14,
2011, she developed a shoulder injury. Stipulation ¶ 2, 4, filed Oct. 31, 2014. Further, petitioner
alleged that she experienced residual effects of her injury for more than six months. Id. at ¶ 4.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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
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).
2 The National Vaccine Injury Compensation Program is set forth in 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. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00084-UNJ Document 45 Filed 11/24/14 Page 2 of 7
On October 31, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccination caused
petitioner’s shoulder injury or her current disabilities. Id. at ¶ 6. Nevertheless, the parties agree
to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth
therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $125,000.00, in the form of a check payable to petitioner, LuAnn
Moran. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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