VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01288 Package ID: USCOURTS-cofc-1_17-vv-01288 Petitioner: Larry Moranda Filed: 2017-09-19 Decided: 2019-09-11 Vaccine: Pneumococcal Conjugate Vaccine Vaccination date: 2015-07-14 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Larry Moranda filed a petition for compensation under the National Vaccine Injury Compensation Program on September 19, 2017, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a consequence of the Prevnar immunization he received on or about July 14, 2015. Mr. Moranda passed away on April 27, 2018, and Judith Moranda, Executor of his Estate, was substituted as the petitioner. The respondent denied that Mr. Moranda suffered a Table injury or that the vaccine caused his alleged SIRVA or any other injury, or his death. Nevertheless, on June 28, 2019, the parties filed a joint stipulation agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and awarded a lump sum of $40,000.00 to the petitioner as Executor of the Estate of Larry Moranda, representing compensation for all items of damages available under the Vaccine Act. This amount covers all damages for the SIRVA injury. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01288-0 Date issued/filed: 2019-09-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/28/2019) regarding 40 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01288-UNJ Document 44 Filed 09/11/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1288V Filed: June 28, 2019 UNPUBLISHED JUDITH MORANDA, Executor, Estate of LARRY MORANDA, Special Processing Unit (SPU); Joint Petitioner, Stipulation on Damages; v. Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH AND Administration (SIRVA) HUMAN SERVICES, Respondent. Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On September 19, 2017, Mr. Larry Moranda filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). On April 27, 2018, Mr. Moranda passed away. On December 18, 2018; Judith Moranda, Executor, Estate of Mr. Moranda was substituted as “petitioner” for Mr. Moranda. See Order Amending Caption, ECF No. 33. Mr. Moranda alleged that he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a consequence of the Prevnar immunization he received on or about July 14, 2015, and that he suffered the residual effects of this injury for more than six months. Petition at 1,6; Stipulation, filed June 28, 2019, at ¶¶ 2, 4. “Respondent denies that Mr. 1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required 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). 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-01288-UNJ Document 44 Filed 09/11/19 Page 2 of 7 Moranda suffered a Table injury; denies the Prevnar vaccine caused Mr. Moranda's alleged SIRVA or any other injury, or his death.” Stipulation at ¶ 6. Nevertheless, on June 28, 2019, 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 $40,000.00 in the form of a check payable to petitioner, as Executor, Estate of Larry Moranda. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 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 Case 1:17-vv-01288-UNJ Document 44 Filed 09/11/19 Page 3 of 7 Case 1:17-vv-01288-UNJ Document 44 Filed 09/11/19 Page 4 of 7 Case 1:17-vv-01288-UNJ Document 44 Filed 09/11/19 Page 5 of 7 Case 1:17-vv-01288-UNJ Document 44 Filed 09/11/19 Page 6 of 7 Case 1:17-vv-01288-UNJ Document 44 Filed 09/11/19 Page 7 of 7