VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00322
Package ID: USCOURTS-cofc-1_21-vv-00322
Petitioner: Moira Croteau
Filed: 2021-01-08
Decided: 2023-02-13
Vaccine: influenza
Vaccination date: 2018-10-09
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 210000

AI-assisted case summary:
Moira Croteau filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021. She alleged that she suffered a right shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 9, 2018. Ms. Croteau stated that the vaccination was administered in the United States, that she experienced residual effects of her alleged injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf. The respondent, the Secretary of Health and Human Services, denied that Ms. Croteau sustained a SIRVA Table injury, denied that the vaccine caused her alleged right shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation for settlement on January 9, 2023. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable. He adopted the stipulation as his decision, awarding Moira Croteau $210,000.00 as compensation for all damages available under the program. This lump sum was to be paid in the form of a check payable to the petitioner. The decision was entered on February 13, 2023. Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, PA, and respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice.

Theory of causation field:
Petitioner Moira Croteau alleged a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 9, 2018. The respondent denied that the injury was a SIRVA Table injury or that the vaccine caused the alleged injury. The parties reached a joint stipulation for settlement. The public decision does not detail the specific mechanism of injury or name any medical experts. The stipulation states that the influenza vaccine is contained in the Vaccine Injury Table. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $210,000.00 to the petitioner. The decision was entered on February 13, 2023. Petitioner was represented by Jessica Olins, and respondent was represented by Alexa Roggenkamp.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00322-0
Date issued/filed: 2023-02-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/10/2023) regarding 37 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00322-UNJ Document 44 Filed 02/13/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0322V
UNPUBLISHED
MOIRA CROTEAU, Chief Special Master Corcoran
Petitioner, Filed: January 10, 2023
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 8, 2021, Moira Croteau 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 right shoulder injury related to
vaccine administration (“SIRVA”) resulting from an influenza vaccine received on October
9, 2018. Petition at ¶¶ 5, 6, 8; Stipulation, filed January 9, 2023, at ¶¶ 2-4. Petitioner
further alleges the vaccine was received in the United States, she experienced the
residual effects of her alleged 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
alleged injury or condition. Petitionat ¶¶ 5, 39, 42, 43; Stipulationat ¶¶ 3-5. “Respondent
denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused
petitioner’s alleged right shoulder injury or any other injury, and denies that her current
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.
2National 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 1:21-vv-00322-UNJ Document 44 Filed 02/13/23 Page 2 of 7
Nevertheless, on January 9, 2023, 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 mydecision 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 $210,000.00 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 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

DocuSIgn Envelope ID: A08461 F8-DAF8-45FD-86A4-29804673EA08
Case 1:21-vv-00322-UNJ Document 44 Filed 02/13/23 Page 3 of 7
IN THE UNITED ST AT ES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MOIRA CROTEAU,
Petitioner,
V. No. 21-322V
Chief Special Master Corcoran
SECRETARY OF HEAL'I1-1 AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Moira Croteau ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to-34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on October 9, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a right shoulder injury related to vaccination
administration ("SIRVA") within the time period set forth in the Table following administration
of the flu vaccine, or in the alternative, that her alleged shoulder injury was caused by the flu
vaccine. She further alleges that she experienced the residual effects of this alleged injury for
more than six months.

DocuS[gn Envelope ID: A084C61aFs8-eD A1F:82-415-FvDv-8-60A043-229820-4U67N3EJA 0 8D ocument 44 Filed 02/13/23 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her alleged injury or condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged right shoulder injury or any other injury, 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 an entry ofj udgment reflecting a decision consistent with
the tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of$210,000.00 in the fonn of a check payable to petitioner. This
amount represents 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-2l(a)(l), and an application, the parties will submit to furtherproceedings
before the special master to award reasonable attorneys' fees and costs mcun-ed in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U .S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
2

DocuSlgn Envelope ID: A08461 F8-DAF8-45FD-86A4-29804673EA08
Case 1:21-vv-00322-UNJ Document 44 Filed 02/13/23 Page 5 of 7
State health benefits programs (other than Title XIX of the Social Security Act (4 2 U .S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), 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 unreirnbursed 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-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and 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 National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., 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 vaccination administered on October 9, 2018, as
alleged by petitioner in a petition for vaccine compensation filed on or about January 8, 2021, in
the United States Court of Federal Claims as petition No. 21-322V.
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14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a
decision that is in complete confonnity with the tenns 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 to 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 pa1ties' 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
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or
any other injury or her current condition, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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DocuSlgn Envelope ID: A08461 F8-DAF8-45FD-86A4•29804673EA08
Case 1:21-vv-00322-UNJ Document 44 Filed 02/13/23 Page 7 of 7
Respectfully submitted,
[!P .E..T..I ,.T ..I. O.,,N ER:
~ir~{y~
C89?F72FOS81A84
MOIRA CROTEAU
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR ~-1'l~NER: OF THE ATTORNEY GENERAL:
LIL ~
)#f~~r~
~
½£s~CA OLINS '
Maglio Christopher & Toale, PA Deputy Director
1325 Fourth Avenue, Suite 1730 Torts Branch
Seattle, WA 98101 Civil Division
888-952-5242 U.S. Department of Justice
jolins@mctlaw.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
DlgitallysignedbyGeorgeR.
Grlmes-S14
-514
Date: 2022.12.28 12:00:58 -05'00'
CDR GEORGE REED GRIMES, MD, MPH A
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health System Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08Nl46B 202-616-4179
Rockville, MD 20857 alexa.roggenkamp@usd oj .gov
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