VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00566
Package ID: USCOURTS-cofc-1_16-vv-00566
Petitioner: Elaine Moriarty
Filed: 2017-06-19
Decided: 2018-04-30
Vaccine: influenza
Vaccination date: 2013-10-02
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 76652

AI-assisted case summary:
Elaine Moriarty filed a petition for compensation under the National Vaccine Injury Compensation Program on May 12, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her influenza vaccination on October 2, 2013. The petition stated that her condition had residual effects for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf. The respondent denied that the flu vaccine caused petitioner's alleged SIRVA or any other injury or her current condition. Despite the respondent's denial, on June 19, 2017, both parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Elaine Moriarty was awarded a lump sum of $76,652.17, payable to her, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on April 30, 2018. Petitioner's counsel was William E. Cochran, Jr., and respondent's counsel was Linda Sara Renzi. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Elaine Moriarty alleged a shoulder injury related to vaccine administration (SIRVA) caused by her October 2, 2013 influenza vaccination. The respondent denied causation. The parties filed a joint stipulation on June 19, 2017, agreeing to an award. The Special Master adopted the stipulation. The award was $76,652.17. The theory of causation is based on the Vaccine Injury Table (SIRVA). The public decision does not name experts or describe the mechanism of injury. The decision was issued by Chief Special Master Nora Beth Dorsey on April 30, 2018. Petitioner's counsel was William E. Cochran, Jr., and respondent's counsel was Linda Sara Renzi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00566-1
Date issued/filed: 2018-04-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/19/2017) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-00566-UNJ Document 40 Filed 04/30/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-566V
Filed: June 19, 2017
UNPUBLISHED
ELAINE MORIARTY,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Shoulder Injury
v.
Related to Vaccine Administration
(SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for
petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 12, 2016, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) caused by her October 2, 2013 influenza (“flu”) vaccination.
Petition at 1-2; Stipulation, filed June 19, 2017, at ¶ 4. Petitioner further alleges that she
experienced the residual effects of her condition for more than six months and that there
has been no prior award or settlement of a civil action for damages on her behalf as a
result of her condition. Petition at 5-6; Stipulation at ¶¶ 4-5. “Respondent denies that
the flu vaccine is the cause of petitioner’s alleged SIRVA or any other injury, or her
current condition. ” Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00566-UNJ Document 40 Filed 04/30/18 Page 2 of 7
Nevertheless, on June 19, 2017, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $76,652.17 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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