VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00644
Package ID: USCOURTS-cofc-1_21-vv-00644
Petitioner: Timothy Moore
Filed: 2021-01-12
Decided: 2023-01-17
Vaccine: influenza
Vaccination date: 2019-11-25
Condition: left-sided shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 58007

AI-assisted case summary:
Timothy Moore filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging that he received an influenza vaccination on November 25, 2019, and subsequently suffered a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer on November 30, 2022, conceding that Mr. Moore was entitled to compensation. The respondent agreed that Mr. Moore's condition met the criteria for SIRVA as a Table injury, that the case was timely filed, that the vaccine was administered in the United States, and that the injury resulted in residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 30, 2022, finding Mr. Moore entitled to compensation. Subsequently, on January 17, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Mr. Moore a lump sum of $58,007.52, payable by check to Petitioner, as compensation for all damages. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Nancy Tinch of the U.S. Department of Justice.

Theory of causation field:
Petitioner Timothy Moore received an influenza vaccination on November 25, 2019. He alleged a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent conceded that Petitioner's condition met the criteria for SIRVA as a Table injury, that the case was timely filed, the vaccine was administered in the United States, and the injury resulted in residual effects for more than six months. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 30, 2022, finding Petitioner entitled to compensation. On January 17, 2023, a Decision Awarding Damages was issued, awarding Petitioner $58,007.52 as compensation for all damages. Petitioner was represented by Leigh Finfer (Muller Brazil, LLP) and Respondent by Nancy Tinch (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00644-0
Date issued/filed: 2023-01-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/30/2022) regarding 35 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00644-UNJ Document 40 Filed 01/06/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0644V
UNPUBLISHED
TIMOTHY MOORE, Chief Special Master Corcoran
Petitioner,
v. Filed: November 30, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu);
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA).
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 12, 2021, Timothy Moore (“Petitioner”) 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 he received an influenza
(“flu”) vaccination on November 25, 2019, and thereafter suffered from a left-sided
shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 30, 2022, Respondent filed a combined Rule 4(c) Report and Proffer
in which he concedes that Petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report and Proffer at 1. Specifically, Respondent states that
Petitioner’s has satisfied the criteria for SIRVA set forth in the Vaccine Injury Table
1 Because this unpublished Ruling 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 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 (2012).

Case 1:21-vv-00644-UNJ Document 40 Filed 01/06/23 Page 2 of 2
(“Table”) and the Qualifications and Aids to Interpretation (“QAI”). Id. at 4 (citing 42 C.F.R.
§§ 100.3(a)(XIV)(B), (c)(10)). Respondent further agrees that the case was timely filed;
that the vaccine was received in the United States; and that Petitioner satisfies the
statutory severity requirement by suffering the residual effects or complications of his
injury for more than six months after vaccine administration. Id. at 4-5 (citing Section
13(a)(1)(B); Section 11(c)(1)(D)(i)).
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-00644-1
Date issued/filed: 2023-01-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/30/2022) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00644-UNJ Document 41 Filed 01/17/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0644V
UNPUBLISHED
TIMOTHY MOORE, Chief Special Master Corcoran
Petitioner,
v. Filed: November 30, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision Based on Proffer;
Influenza (Flu); Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA).
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 12, 2021, Timothy Moore (“Petitioner”) 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 he received an influenza
(“flu”) vaccination on November 25, 2019, and thereafter suffered from a left-sided
shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 30, 2022, Respondent filed a combined Rule 4(c) Report and Proffer
in which he conceded that Petitioner was entitled to compensation for a Table SIRVA.
Respondent’s Rule 4(c) Report and Proffer at 1, 4-5. That same day, I issued a Ruling on
Entitlement.
1 Because this unpublished Ruling 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 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 (2012).

Case 1:21-vv-00644-UNJ Document 41 Filed 01/17/23 Page 2 of 2
Respondent represents that Petitioner agrees to his proffer on an award of
compensation. Respondent’s Rule 4(c) Report and Proffer at 5. Based on the record as
a whole, I find that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the combined Rule 4(c) Report and Proffer,3 I award
the following compensation:
A lump sum of $58,007.52 in the form of a check payable to Petitioner.
Respondent’s Rule 4(c) Report and Proffer at 5. This amount represents compensation
for all damages that would be available under Section 15(a). Id.
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 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal
medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto.
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