VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01199 Package ID: USCOURTS-cofc-1_18-vv-01199 Petitioner: Lucy Moore Filed: 2018-08-03 Decided: 2020-09-02 Vaccine: influenza Vaccination date: 2015-11-30 Condition: complex regional pain syndrome Outcome: compensated Award amount USD: 170000 AI-assisted case summary: Lucy Moore filed a petition for compensation under the National Vaccine Injury Compensation Program on August 3, 2018. She alleged that she suffered from complex regional pain syndrome (CRPS) caused by a trivalent influenza (flu) vaccination administered on November 30, 2015. Ms. Moore stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had not received a prior award or settlement for her injuries. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Moore's alleged injury or her current condition. Despite the respondent's denial, the parties filed a joint stipulation on July 29, 2020, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages. Ms. Moore was awarded a lump sum of $170,000.00, payable by check to the Petitioner, as compensation for all items of damages. The decision was filed on September 2, 2020. The public decision does not describe the onset of symptoms, specific clinical details, or any medical experts consulted. Theory of causation field: Petitioner Lucy Moore alleged that a November 30, 2015, trivalent influenza (flu) vaccine caused her to develop complex regional pain syndrome (CRPS). The respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The Special Master adopted the stipulation, awarding $170,000.00. The theory of causation was considered "Off-Table." The public decision does not detail the specific mechanism of injury, medical experts, or evidence presented, relying instead on a joint stipulation for resolution. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01199-0 Date issued/filed: 2020-09-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/03/2020) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01199-UNJ Document 35 Filed 09/02/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1199V UNPUBLISHED LUCY MOORE, Chief Special Master Corcoran Petitioner, Filed: August 3, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Complex Regional Pain Syndrome Respondent. Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On August 13, 2018, Lucy Moore 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 complex regional pain syndrome (CRPS) which was caused-in-fact by the administration of a trivalent influenza (flu) vaccination on November 30, 2015. Petition at 1-2; Stipulation, filed at July 29, 2020, ¶¶ 1. Petitioner further alleges that the vaccine was administered in the United States, she suffered the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her injuries. Petition at 1; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner’s alleged injury and residual effects were caused by the flu vaccine. Respondent further denies that the flu vaccine. Respondent further denies that the flu vaccine caused [P]etitioner 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, I am 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). 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, I agree that the identified material fits within this definition, I 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 1:18-vv-01199-UNJ Document 35 Filed 09/02/20 Page 2 of 7 Nevertheless, on July 29, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $170,000.00 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 Section 15(a). Id. I approve 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/Brian H. Corcoran Brian H. Corcoran 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 1:18-vv-01199-UNJ Document 35 Filed 09/02/20 Page 3 of 7 Case 1:18-vv-01199-UNJ Document 35 Filed 09/02/20 Page 4 of 7 Case 1:18-vv-01199-UNJ Document 35 Filed 09/02/20 Page 5 of 7 Case 1:18-vv-01199-UNJ Document 35 Filed 09/02/20 Page 6 of 7 Case 1:18-vv-01199-UNJ Document 35 Filed 09/02/20 Page 7 of 7