VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00271
Package ID: USCOURTS-cofc-1_22-vv-00271
Petitioner: Margo Moses
Filed: 2022-03-10
Decided: 2024-02-26
Vaccine: influenza
Vaccination date: 2020-10-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Margo Moses filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury following an influenza vaccination received on October 13, 2020. The respondent conceded that her injury was consistent with SIRVA (Shoulder Injury Related to Vaccine Administration), a condition listed on the Vaccine Injury Table. The respondent noted that Ms. Moses had no prior history of shoulder pain, that her pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition could explain the pain. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Moses entitled to compensation. Subsequently, the parties reached a stipulation for damages. The decision awarding damages granted Ms. Moses a lump sum payment of $75,000.00 for pain and suffering. No award was made for past unreimbursable expenses as none were presented. The case was resolved through a proffer on award of compensation, and judgment was entered accordingly.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00271-0
Date issued/filed: 2024-01-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/04/2023) regarding 49 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00271-UNJ Document 51 Filed 01/03/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0271V
MARGO MOSES, Chief Special Master Corcoran
Petitioner, Filed: December 4, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Churchill Hungerford Huston, Churchill Huston Law, LLC, Philadelphia, PA, for
Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 10, 2022, Margo Moses 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 following a
vaccination she received on October 13, 2020. Petition at ¶¶ 5, 6-9. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 21, 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 at 1. Specifically, Respondent states that “Petitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table. Specifically, Petitioner had no history
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 1:22-vv-00271-UNJ Document 51 Filed 01/03/24 Page 2 of 2
of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred
within 48 hours after receipt of an intramuscular vaccination; pain was limited to the
shoulder in which the vaccine was administered; and no other condition or abnormality
has been identified to explain Petitioner’s shoulder pain.” Id. at 5. Respondent further
agrees that “Petitioner has satisfied all legal prerequisites for compensation under the
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_22-vv-00271-1
Date issued/filed: 2024-02-26
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/26/2024) regarding 54 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00271-UNJ Document 55 Filed 02/26/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0271V
MARGO MOSES, Chief Special Master Corcoran
Petitioner, Filed: January 26, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Churchill Hungerford Huston, Churchill Huston Law, LLC, Philadelphia, PA, for
Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 10, 2022, Margo Moses 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 following an influenza
vaccination she received on October 13, 2020. Petition at ¶¶ 5, 11. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On December 4, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On January 25, 2024, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $75,000.00
in past pain and suffering. Proffer at 1-2. In the Proffer, 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.
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 1:22-vv-00271-UNJ Document 55 Filed 02/26/24 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $75,000.00, representing her 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

Case 1:22-vv-00271-UNJ Document 55 Filed 02/26/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARGO MOSES,
Petitioner, No. 22-271V
ECF
v. Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 10, 2022, Margo Moses (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (the
“Vaccine Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she received an influenza
(“flu”) vaccination on October 13, 2020, and thereafter suffered from a left shoulder injury
related to vaccine administration (“SIRVA”). Petition at 1-2.
On November 21, 2023, the Secretary of Health and Human Services (“respondent”) filed
a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of
the Act for a SIRVA Table injury, and on December 4, 2023, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 47; ECF No. 49.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00271-UNJ Document 55 Filed 02/26/24 Page 4 of 5
B. Past Unreimbursable Expenses
Petitioner did not supply any evidence that she incurred past unreimbursable expenses
related to her vaccine-related injury; therefore, she is not entitled to an award of past
unreimbursable expenses. U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $75,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Margo Moses: $75,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:22-vv-00271-UNJ Document 55 Filed 02/26/24 Page 5 of 5
/s/CAMILLE J. WEBSTER
CAMILLE J. WEBSTER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station Washington, D.C. 20044-0146
Direct dial: (202) 307-3241
Email: Camille.Webster@usdoj.gov
Dated: January 25, 2024
3