VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01120 Package ID: USCOURTS-cofc-1_19-vv-01120 Petitioner: Ann Marie Moritz Filed: 2019-08-01 Decided: 2021-12-01 Vaccine: pneumococcal conjugate vaccine Vaccination date: 2017-01-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Ann Marie Moritz filed a petition for compensation on August 1, 2019, alleging that a pneumococcal conjugate vaccine administered on January 19, 2017, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The petition stated that the vaccine was administered within the United States, that she experienced residual effects of her condition for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf as a result of her injury. The respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused Petitioner's alleged left shoulder injury or any other injury, and denied that her current left shoulder condition is a sequela of a vaccine-related injury. On October 26, 2021, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. The decision awarded Petitioner a lump sum of $80,000.00, payable to Petitioner, representing all items of damages available under Section 15(a) of the Vaccine Act. Petitioner's counsel was Leigh Finfer of Muller Brazil, LLP. Respondent's counsel was Camille Michelle Collett of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner Ann Marie Moritz alleged a shoulder injury related to vaccine administration (SIRVA) caused by a pneumococcal conjugate vaccine administered on January 19, 2017. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $80,000.00 as a lump sum. The theory of causation is based on the "Table" of the Vaccine Injury Compensation Program, as indicated by the stipulation. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the total lump sum. Attorneys involved were Leigh Finfer for Petitioner and Camille Michelle Collett for Respondent. The decision date was December 1, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01120-0 Date issued/filed: 2021-12-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/26/2021) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01120-UNJ Document 45 Filed 12/01/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1120V UNPUBLISHED ANN MARIE MORTIZ, Chief Special Master Corcoran Petitioner, Filed: October 26, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; HUMAN SERVICES, Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 1, 2019, Ann Marie Moritz 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 a pneumococcal conjugate vaccine administered on January 19, 2017. Petition at 1; Stipulation, filed at October 26, 2021, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, 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 o f her injury. Petition at 1, 4; Stipulation at ¶¶ 3-5. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged left shoulder injury, or any other injury; and denies that her current left shoulder condition is a sequela of a vaccine-related injury.” 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01120-UNJ Document 45 Filed 12/01/21 Page 2 of 7 Nevertheless, on October 26, 2021, 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 $80,000.00 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 1:19-vv-01120-UNJ Document 45 Filed 12/01/21 Page 3 of 7 Case 1:19-vv-01120-UNJ Document 45 Filed 12/01/21 Page 4 of 7 Case 1:19-vv-01120-UNJ Document 45 Filed 12/01/21 Page 5 of 7 Case 1:19-vv-01120-UNJ Document 45 Filed 12/01/21 Page 6 of 7 Case 1:19-vv-01120-UNJ Document 45 Filed 12/01/21 Page 7 of 7