VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00841
Package ID: USCOURTS-cofc-1_21-vv-00841
Petitioner: Tony Moye
Filed: 2021-07-05
Decided: 2023-09-13
Vaccine: influenza
Vaccination date: 2020-10-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 62500

AI-assisted case summary:
Tony Moye filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of his October 22, 2020 influenza vaccination. The respondent, the Secretary of Health and Human Services, conceded that Mr. Moye was entitled to compensation. The respondent determined that Mr. Moye satisfied the Table criteria for SIRVA, noting he had no prior history of shoulder issues, his symptoms were limited to the injection site, and the onset of pain occurred within forty-eight hours of vaccination. The respondent also confirmed that the case was timely filed, the vaccine was administered in the United States, and Mr. Moye met the statutory severity requirement. Based on the respondent's concession and the evidence, the court found Mr. Moye entitled to compensation. Subsequently, the parties stipulated to an award of $62,500.00 for pain and suffering. This amount represents compensation for all damages available under the program. The court entered judgment in accordance with this decision.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00841-0
Date issued/filed: 2023-08-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/05/2023) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00841-UNJ Document 32 Filed 08/18/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-841V
TONY MOYE, Chief Special Master Corcoran
Petitioner, Filed: July 5, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 2, 2021, Tony Moye 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 suffered a Table injury – shoulder injury related
to vaccine administration (“SIRVA”) – as a result of his October 22, 2020 influneza (“flu”)
vaccination. Petition at 1. Petitioner further alleges the vaccine was administered within
the United States and that there has been no prior award or settlement of a civil action on
his behalf as a result of his injury. See Petition at ¶¶ 1, 6-7. 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-00841-UNJ Document 32 Filed 08/18/23 Page 2 of 2
On June 29, 2023, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
Recommending Compensation and Proffer of Compensation at 1. Specifically,
Respondent indicates that he has
determined that petitioner has satisfied the Table criteria for SIRVA set forth
in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAIs”). Specifically, petitioner had no history of pain,
inflammation, or dysfunction in his left shoulder before his October 2020
intramuscular vaccine administration; his symptoms were limited to the left
shoulder in which the intramuscular vaccine was administered; he more
likely than not suffered the onset of pain within forty-eight hours of vaccine
administration; and there is no other condition or abnormality present that
would explain petitioner’s symptoms.
Id. at 5 (citing 42 C.F.R. § 100.3(a), (c)(10)). Respondent further agrees that “[w]ith
respect to other statutory and jurisdictional issues, the records show 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 6 (citing 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-00841-1
Date issued/filed: 2023-09-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/05/2023) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00841-UNJ Document 36 Filed 09/13/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-841V
TONY MOYE, Chief Special Master Corcoran
Petitioner, Filed: July 5, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 2, 2021, Tony Moye 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 suffered a Table injury – shoulder injury related
to vaccine administration (“SIRVA”) – as a result of his October 22, 2020 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 5, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On June 29, 2023, Respondent filed a Respondent’s Rule 4(c)
Report Recommending Compensation and Proffer of Compensation (“Proffer”) indicating
Petitioner should be awarded $62,500.00 in pain and suffering. Proffer at 6. In the Proffer,
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-00841-UNJ Document 36 Filed 09/13/23 Page 2 of 2
Respondent represented that Petitioner agrees with the proffered award. Id. 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 Proffer, I award Petitioner a lump sum
payment of $62,500.00 (in pain and suffering) in the form of a check payable to
Petitioner. 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.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