VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00433
Package ID: USCOURTS-cofc-1_21-vv-00433
Petitioner: Meghan Elisabeth Moreno
Filed: 2021-01-08
Decided: 2024-10-28
Vaccine: influenza
Vaccination date: 2019-10-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55676

AI-assisted case summary:
Meghan Elisabeth Moreno filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination on October 4, 2019. The respondent, the Secretary of Health and Human Services, conceded that Ms. Moreno is entitled to compensation, agreeing that her injury is consistent with SIRVA as defined by the Vaccine Injury Table. A Ruling on Entitlement was issued on July 15, 2024, confirming her eligibility. As the parties could not resolve damages informally, they proceeded to a hearing on September 21, 2024. Ms. Moreno requested $60,000 for pain and suffering and $676 for medical expenses, while the respondent recommended $35,000 for pain and suffering and agreed to the medical expenses. The Chief Special Master awarded a total of $55,676.00, comprising $55,000.00 for pain and suffering and $676.00 for unreimbursable medical expenses, as a lump sum payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00433-0
Date issued/filed: 2024-08-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/15/2024) regarding 47 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00433-UNJ Document 52 Filed 08/15/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-433V
MEGHAN ELISABETH MORENO, Chief Special Master Corcoran
Petitioner, Filed: July 15, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 8, 2021, Meghan Moreno 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 an influenza vaccination administered on October 4,
2019. Petition at 1. Petitioner further alleges that the vaccine was administered within the
United States, that he suffered from his injury for more than six months, and that he has
not filed any other action for his vaccine-related injury. Petition at 1-2. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this Ruling 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 Ruling 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-00433-UNJ Document 52 Filed 08/15/24 Page 2 of 2
On February 28, 2024, Respondent filed a response to Petitioner’s motion for a
ruling on the record in which he concedes that Petitioner is entitled to compensation in
this case. Respondent’s Response to Petitioner’s Motion for a Ruling on the Record
Regarding Entitlement Amended Rule 4(c) Report and Responsive Damages Brief, ECF
No. 43, at 5. Specifically, Respondent has concluded that Petitioner’s injury is consistent
with a SIRVA as defined with the Vaccine Injury Table. Id. Respondent further agrees that
Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00433-1
Date issued/filed: 2024-10-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/24/2024) regarding 54 DECISION of Special Master ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00433-UNJ Document 62 Filed 10/28/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-433V
MEGHAN MORENO, Chief Special Master Corcoran
Petitioner, Filed: September 24, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 8, 2021, Meghan Moreno 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine administered on October 4,
2019. Petition, ECF No. 1 at 1.
The case was assigned to the Special Processing Unit of the Office of Special
Masters (the “SPU”). On July 15, 2024, a Ruling on Entitlement was issued, which held
Petitioner is entitled to compensation. ECF No. 47. Because the parties could not
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-00433-UNJ Document 62 Filed 10/28/24 Page 2 of 2
informally resolve the issue of damages, they were ordered to file briefs setting forth their
respective arguments and were notified that I would resolve this dispute via an expedited
“Motions Day” hearing, which ultimately took place on September 21, 2024.
Petitioner requested an award of $60,000.00 in compensation for pain and
suffering, and $676.00 for medical expenses. Respondent recommended an award of
$35,000.00 for pain and suffering, but agreed to proposed medical expenses. After
listening to the arguments of both sides, I issued an oral ruling on damages constituting
my findings of fact and conclusions of law, pursuant to Section 12(d)(3)(A), at the
conclusion of the September 21, 2024 hearing. An official recording of the proceeding
was taken by a court reporter, although a transcript has not yet been filed in this matter. I
hereby fully adopt and incorporate that oral ruling as officially recorded.
In a recent decision I discussed at length the legal standards to be considered in
determining damages and prior SIRVA compensation within SPU. I incorporate herein
my prior discussion in Sections V - VII of Crawford v. Sec'y of Health & Hum. Servs., No.
19-0544V, 2024 WL 1045147, at *20-22 (Fed. Cl. Feb. 5, 2024) to the instant Ruling and
Decision. Additionally, the official recording of my oral ruling includes my discussion of
various comparable cases, as well as specific facts relating to Petitioner's medical history
and experience that further informed my resolution of this matter.
Based on my consideration of the complete record as a whole and for the reasons
discussed in my oral ruling, pursuant to Section 12(d)(3)(A), I find that $55,000.00
represents a fair and appropriate amount of compensation for Petitioner’s actual
pain and suffering, plus the agreed-upon sum of $676.00 for unreimbursable
medical expenses.3 I award these amounts as a lump sum payment, in the form of
a check payable to Petitioner, in the amount of $55,676.00. This amount represents
compensation for all damages that would be available under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this Decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)).
4 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