VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01467
Package ID: USCOURTS-cofc-1_17-vv-01467
Petitioner: Leslee Moran
Filed: 2017-10-06
Decided: 2018-10-31
Vaccine: influenza
Vaccination date: 2014-10-09
Condition: right shoulder injuries
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Leslee Moran filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered right shoulder injuries as a result of receiving an influenza vaccine on October 9, 2014. The respondent conceded that her claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent also agreed that the case was timely filed, the vaccine was received in the United States, the injury caused residual effects for more than six months, and no other civil action had been pursued. Based on the respondent's concession and the evidence, the court found that Ms. Moran was entitled to compensation. Subsequently, the parties agreed to a proffer for damages. The court awarded Ms. Moran a lump sum payment of $85,000.00 for actual pain and suffering, representing all elements of compensation available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01467-0
Date issued/filed: 2018-10-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/25/2018) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01467-UNJ Document 34 Filed 10/29/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1467V
Filed: September 25, 2018
UNPUBLISHED
LESLEE MORAN,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 6, 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 from right shoulder injuries as a
result of receiving an influenza (“flu”) vaccine on October 9, 2014. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 19, 2018, respondent filed his Rule 4(c) report in which he
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, respondent “has reviewed the facts of this case and
concluded that petitioner’s claim meets the Table criteria for SIRVA.”3 Id. at 5.
1 Because this unpublished ruling 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).
3 Shoulder Injury Related to Vaccine Administration

Case 1:17-vv-01467-UNJ Document 34 Filed 10/29/18 Page 2 of 2
Respondent further agrees that the case was timely filed, that the vaccine was received
in the United States, that petitioner suffered the residual effects or complication of her
injury for more than six months, and that no civil action or proceedings have been
pursued with regard to the vaccine-related injury. Id. Accordingly, “in light of the
information contained in the record, respondent concedes that entitlement
compensation is appropriate under the terms of the Vaccine Act . . .”
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01467-1
Date issued/filed: 2018-10-31
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/27/2018) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01467-UNJ Document 35 Filed 10/31/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1467V
Filed: September 27, 2018
UNPUBLISHED
LESLEE MORAN,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 6, 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 from right shoulder injuries as a
result of receiving an influenza (“flu”) vaccine on October 9, 2014. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 25, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On September 26, 2018, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$85,000.00, representing compensation for actual pain and suffering. Proffer at 1. In
the Proffer, respondent represented that petitioner agrees with the proffered award.
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-01467-UNJ Document 35 Filed 10/31/18 Page 2 of 4
Based on the record as a whole, the undersigned finds that petitioner is entitled to an
award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $85,000.00, representing compensation for
actual pain and suffering, in the form of a check payable to petitioner, Leslee
Moran. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
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-01467-UNJ Document 35 Filed 10/31/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
LESLEE MORAN, )
)
Petitioner, )
)
v. ) No. 17-1467V
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND ) SPU
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 6, 2017, petitioner, Leslee Moran, filed a petition for compensation under the
National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”), alleging
that she developed right shoulder injuries as a result of receiving an influenza (“flu”) vaccine on
October 9, 2014. On September 19, 2018, respondent filed a Rule 4(c) Report indicating that
petitioner is entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report. On September 25, 2018, Chief Special Master Dorsey issued a
Ruling on Entitlement finding that petitioner is entitled to compensation for SIRVA.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $85,000.00 in actual pain and
suffering. The evidence does not support that petitioner is entitled to projected pain and
suffering. Petitioner agrees.

Case 1:17-vv-01467-UNJ Document 35 Filed 10/31/18 Page 4 of 4
B. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens against her.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $85,000.00 in the form of a check payable to petitioner.1 This
represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-
15(a). Petitioner agrees.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ Justine Walters__________
JUSTINE WALTERS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 307-6393
DATE: September 26, 2018
1 This proffer does not provide for any future damages as they are not supported by the record
evidence. Nonetheless, should petitioner die prior to entry of judgment, the parties reserve the
right to move the Court for appropriate relief. In particular, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering.
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