VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00251
Package ID: USCOURTS-cofc-1_17-vv-00251
Petitioner: Debra D. Moore
Filed: 2018-06-20
Decided: 2018-09-26
Vaccine: pneumococcal conjugate vaccine
Vaccination date: 2015-12-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Debra D. Moore filed a petition for compensation under the National Vaccine Injury Compensation Program on February 22, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate vaccine on December 30, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury or any other injury or current condition. Despite the denial, the parties filed a joint stipulation on June 20, 2018, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the Court's decision. Pursuant to the stipulation, Debra D. Moore was awarded a lump sum of $50,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with this decision. Petitioner was represented by Elizabeth Martin Muldowney of Sands Anderson, PC, and respondent was represented by Justine Elizabeth Walters of the U.S. Department of Justice.

Theory of causation field:
Petitioner Debra D. Moore alleged a shoulder injury related to vaccine administration (SIRVA) following a pneumococcal conjugate vaccine on December 30, 2015. Respondent denied causation. The parties filed a joint stipulation for compensation, which the Chief Special Master adopted. The stipulation did not detail the specific theory of causation or name any experts. The award was a lump sum of $50,000.00 for all damages. The decision was issued by Chief Special Master Nora Beth Dorsey on September 26, 2018, based on a stipulation filed June 20, 2018. Petitioner's counsel was Elizabeth Martin Muldowney, and respondent's counsel was Justine Elizabeth Walters.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00251-0
Date issued/filed: 2018-09-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/20/2018) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00251-UNJ Document 41 Filed 09/26/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-251V
Filed: June 20, 2018
UNPUBLISHED
DEBRA D. MOORE,
Special Processing Unit (SPU); Joint
Stipulation on Damages;
Petitioner,
Pneumococcal Conjugate Vaccine;
v.
Shoulder Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Elizabeth Martin Muldowney, Sands Anderson, PC, Richmond, VA, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On February 22, 2017, 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 as a result of
receiving a pneumococcal conjugate vaccine on December 30, 2015. Petition at 1;
Stipulation, filed June 20, 2018, at ¶ 4. Petitioner further alleges 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 4; Stipulation at ¶¶ 5. “Respondent denies that the pneumococcal
conjugate immunization caused petitioner’s alleged shoulder injury or any other injury or
her current condition. ” Stipulation at ¶ 6.
Nevertheless, on June 20, 2018, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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 1:17-vv-00251-UNJ Document 41 Filed 09/26/18 Page 2 of 7
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 $50,000.00 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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