VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00304
Package ID: USCOURTS-cofc-1_21-vv-00304
Petitioner: Maurica Moore
Filed: 2021-01-01
Decided: 2024-03-11
Vaccine: influenza
Vaccination date: 2019-11-08
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 30477

AI-assisted case summary:
Maurica Moore filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on November 8, 2019. She further alleged that she experienced residual effects of her injury for more than six months. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused or significantly aggravated her alleged shoulder injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Maurica Moore a lump sum of $30,000.00 for pain and suffering and $477.31 to reimburse a Medicaid lien for services rendered by the State of Kentucky. These amounts represent compensation for all items of damages available under the Vaccine Act. The stipulation was not an admission by the United States or the Secretary of Health and Human Services that petitioner sustained a SIRVA Table injury or that the flu vaccine caused or aggravated her condition.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00304-0
Date issued/filed: 2024-03-11
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 02/09/2024) regarding 44 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:21-vv-00304-UNJ Document 48 Filed 03/11/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0304V
MAURICA MOORE,
Chief Special Master Corcoran
Petitioner,
v.
Filed: February 9, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 1, 2021, Maurica 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 a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received on
November 8, 2019. Petition at 1-2; Stipulation, filed at February 9, 2024, ¶¶ 1-4. Petitioner
further alleges that she suffered the residual effects of her injury for more than six months.
Petition at 1-2; Stipulation at ¶4. “Respondent denies that petitioner sustained a SIRVA
Table injury; denies that the flu vaccine caused or significantly aggravated petitioners’
alleged shoulder injury, or any other injury or condition; and denies that her current
condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on February 9, 2024, 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.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00304-UNJ Document 48 Filed 03/11/24 Page 2 of 8
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
a. A lump sum of $30,000.00, in the form of a check payable to Petitioner.;
and
b. A lump sum of $477.31 representing reimbursement of a Medicaid lien for
services rendered to petitioner by the State of Kentucky, in the form of a
check payable jointly to petitioner and Conduent Payment Integrity
Solutions (Tax ID #36-4129784):
Conduent Payment Integrity Solutions
ATTN: Olivia Solis
P.O. Box 30114
Salt Lake City, UT 84130-0144
Stipulation at ¶ 8. These amounts represent 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 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 1:21-vv-00304-UNJ Document 48 Filed 03/11/24 Page 3 of 8
IN THE UNITED STA TES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MAURICA MOORE,
Petitioner,
V. No. 2 l-304V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Maurica Moore ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 ("Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table ("Table"), 42
C.F.R. § I 00.3(a).
2. Petitioner received the flu vaccine on or about November 8, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table, or in the alternative, that
her alleged injury was caused-in-fact by, or significantly aggravated by, the flu vaccine.
Petitioner further alleges that she experienced the residual effects of her alleged injury for more
than six months.

Case 1:21-vv-00304-UNJ Document 48 Filed 03/11/24 Page 4 of 8
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused or significantly aggravated petitioner's alleged shoulder injury, or any other
injury or condition; and denies that her current condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled, and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after entry of judgment reflecting a decision consistent with the
terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $30,000.00 in the form of a check payable to petitioner; and
b. A lump sum of $477 .311 representing reimbursement of a Medicaid lien for services
rendered to petitioner by the State of Kentucky, in the form of a check payable jointly
to petitioner and Conduent Payment Integrity Solutions (Tax ID #36-4129784):
Conduent Payment Integrity Solutions
ATTN: Olivia Solis
Re: Claim #27196427
P.O. Box 30114
Salt Lake City, UT 84130-0114
Petitioner agrees to endorse this check to Conduent Payment Integrity Solutions.
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of Kentucky may have against any individual as a result of any
Medicaid payments the State of Kentucky has made to or on behalf of petitioner as a result of her
alleged injury relating to a vaccine administered on November 8, 2019 under Title XIX of the
Social Security Act, see 42 U. S.C. § 300aa-l 5(g), (h).
2

Case 1:21-vv-00304-UNJ Document 48 Filed 03/11/24 Page 5 of 8
These amounts represent compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2 I (a)(l) and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
I0 . Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Vaccine Program is not primarily
liable under 42 U.S.C. § 300aa-I 5(g), including State compensation programs, insurance
policies, Federal or State health benefits programs (other than Title XIX of the Social Security
Act), or entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15(i) and subject to
the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d ), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payment described in paragraph 8, and any amount awarded
pursuant to paragraph 9, petitioner, in her individual capacity and on behalf of her heirs,
executors, administrators, successors, and/or assigns, does forever irrevocably and
3

Case 1:21-vv-00304-UNJ Document 48 Filed 03/11/24 Page 6 of 8
unconditionally release, acquit, and discharge the United States and the Secretary of Health and
Human Services from any and all actions or causes of action (including agreements, judgments,
claims, damages, loss of services, expenses, and all demands of whatever kind or nature) that
have been brought, could have been brought, or could be timely brought in the Court of Federal
Claims under the Vaccine Program on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to, or death of, petitioner
resulting from, or alleged to have resulted from, the flu vaccine administered on or about
November 8, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or
about January 7, 2021, in the United States Court of Federal Claims as petition No. 2 J-304V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court of Federal Claims on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete confonnity with the terms
of this Stipulation, or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment, or do any act or thing, other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and, further, that a change in the nature of the injury or condition, or in the
ite!Ils of compensation sought, is not grounds to modify or revise this agreement.
4

Case 1:21-vv-00304-UNJ Document 48 Filed 03/11/24 Page 7 of 8
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that petitioner sustained a SIRVA Table injury; that the
flu vaccine caused or significantly aggravated any other injury or condition; or that her current
condition is a sequel a of a vaccine-related injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
5

Case 1:21-vv-00304-UNJ Document 48 Filed 03/11/24 Page 8 of 8
Respectfully submitted,
PETITIONER:
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MAURICA MOORE
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATIORNEY GENERAL;
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L T. Q. . HEATHER L. PEARLMAN
LAW OFFICES OF EAH V. DURANT, PLLC Deputy Director
1717 K Street NW. Suite 900 Torts Branch
Washington, DC 20006 Civil Division
durant@durantllc.com U.S. Department of Justice
P.O_ Bo~ 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE A1TORNEYOFRECORDFOR
OFTHESECRETARYOFHEALffl RESPONDENT:
AND HUMAN SERVICES:
:tZ
George R. Grimes -1;
Olgitallysigned byGtorgell.
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14 . / ,' '68te: 202,1.01.23 07:§9:.57 -os'OO' ! ' ~ =
CDR GEORGE REED GRIMES, MD, MPH FELIC!A.LGEL
Director, Division oflnjury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O.Box 146
U.S. Department of Health Benjamin Franklin Suition
and Human Services Washington, D.C. 20044-0146
5600 Fishers Lane, 08W-25A felicia.d.langel@usdoj.gov
Rockville, MD 20857
6