VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00839
Package ID: USCOURTS-cofc-1_22-vv-00839
Petitioner: Betty Moreland
Filed: 2025-02-20
Decided: 2025-03-26
Vaccine: influenza
Vaccination date: 2019-09-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 15295

AI-assisted case summary:
Betty Moreland filed a petition for vaccine compensation on February 20, 2025, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 26, 2019. She claimed the injury resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Moreland sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury. Despite these differing positions, the parties reached a joint stipulation to settle the case. The court adopted the stipulation as its decision awarding damages. Ms. Moreland was awarded a total of $15,295.13, comprising a lump sum of $15,000.00 for all damages and $295.13 to reimburse a lien for services rendered by the State of Kentucky. This award represents a compromise of the parties' respective positions on liability and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00839-0
Date issued/filed: 2025-03-26
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 02/20/2025) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00839-UNJ Document 28 Filed 03/26/25 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-839V
BETTY MORELAND, Chief Special Master Corcoran
Petitioner, Filed: February 20, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On August 2, 2022, Betty Moreland 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”) after receiving an influenza (“flu”) vaccination on September 26,
2019. Petition at 1; Stipulation, filed at February 20, 2025, ¶¶ 2-4. Petitioner further
alleges she suffered the residual effects of her alleged injury for more than six months,
and that there has been no prior award of settlement of a civil action for damages on
Petitioner’s behalf as a result of the alleged injury. Stipulation at ¶¶ 4-5. “Respondent
denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused
petitioner’s alleged shoulder injury, or any other injury; and denies that her current
condition is a sequela of a vaccine-related injury. ” Stipulation at ¶ 6.
1Because 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.
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 (2018).

Case 1:22-vv-00839-UNJ Document 28 Filed 03/26/25 Page 2 of 8
Nevertheless, onFebruary 20, 2025, 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 my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
1) A lump sum of $15,000.00, to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement to
Petitioner; and
2) A lump sumof $295.13, representing reimbursement of a lien for services
rendered on behalf of Petitioner by the State of Kentucky, in the form of
a check payable jointly to Petitioner and Kentucky State Treasury, Attn:
TPL Unit; 656 Chamberline Avenue, Frankford KY, 40601, Re: Betty
Moreland, Medicaid No. 0019296281. Petitioner has agreed to endorse
this check to Kentucky State Treasury.
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

Case 1:22-vv-00839-UNJ Document 28 Filed 03/26/25 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
•••••••••••••••••••••••••••••••••••••
BETTY MORELAND, *
•
•
•
Petitioner, No.22-839V
•
Chief Special Master Corcoran
•
v.
•
•
SECRETARY OF HEALTH AND
•
HUMAN SERVICES,
•
Respondent. •
•••••••••••••••••••••••••••••••••••••
STIPULATION
The parties hereby stipulate to the following matters:
1. Betty Moreland ("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
ofa n influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a)
2. Petitioner received a flu vaccine on September 26, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration
("SIRVA'") within the time period set forth in the Table, or in the alternative, that her alleged
shoulder injury was caused by the v~ine. Petitioner further alleges that she suffered the
residual effects oft he alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of the alleged injury.

Case 1:22-vv-00839-UNJ Document 28 Filed 03/26/25 Page 4 of 8
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged 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 terms of this Stipulation, and after petitioner h8S filed an eJection to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payments for all damages that would be available under 42
U.S.C. § 300aa-15(a):
a. A lump sum ofSlS,000.00, to be paid through an ACH deposit to petitioner's
counsel's IOLTA accmmt for prompt disbursement to petitioner, and
b. A lump sum of $295.13,111w hich amount represents reimbursement of a lien for
services rendered on behalf ofp etitioner by the State of Kentucky, in the form of
a check payable jointly to petitioner and
Kentucky State Treasury
Attn: TPL Unit
656 Chamberline Av enue
Frankford KY, 40601
Re: Betty Moreland, Medicaid No. 0019296281
Petitioner agreed to endorse this check to Kentucky State Treasury.
Ill This amount represents full satisfaction ofa ny right ofs ubrogation, assignment. claim, lien, or
cause of action the State of Kentucky may have against any individual as a result of any
Medicaid payments the State ofK entucky has made to or on behalf of petitioner as a result ofh er
alleged injury relating to a flu vaccine administered on September 26. 2019. under Title XIX of
the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).
2

Case 1:22-vv-00839-UNJ Document 28 Filed 03/26/25 Page 5 of 8
These amounts represent compensation for all damages that would be available under
42 U.S.C. §300aa-15(a).
9. As soon as practicable after the entry ofj udgment 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-21(a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costc; incurred in proceeding upon this
petition.
10. Petitioner and petitioner's 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 State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payments made pursuant to paragraph 8 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 attorney's 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-1 S(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 petitioner's
individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or
3

Case 1:22-vv-00839-UNJ Document 28 Filed 03/26/25 Page 6 of 8
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 ofs ervices, 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
September 26, 2019, as alleged in a petition for vaccine compensation filed on or about August
2, 2022, in the United States Court of Federal Claims as petition No. 22-839V.
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 oft he parties.
15. If the special master faiJs to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms 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 wnended, 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 parties' respective positions as to liabi1ity and/or
4

Case 1:22-vv-00839-UNJ Document 28 Filed 03/26/25 Page 7 of 8
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 Hwnan Services that the flu vaccine caused petitioner's alleged injury or
any other injury or petitioner's current disabilities, or that petitioner suffered an injury contained
in the Vaccine Injury Table.
18. AIJ rights and obligations ofp etitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:22-vv-00839-UNJ Document 28 Filed 03/26/25 Page 8 of 8
Respectfully submitted,
PETITIONER:
E
MORELAND
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
~
~~~fLl~
, ,MR
HEATHER L. PE MAN
MULLER BRAZIL Deputy Director
715 Twinning Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
Tel: (215) 885-1655 U.S. Department of Justice
paul@mullerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
s.
ey
Jeffr otgltally signed by
Jeffrey S. Beach -S
-S
Beach Date:2025.01.24 fo
1s :49'.53 -osw r
CPT GEORGE REED GRIMES, MD, MPH
Director, Division oflnjury Senior Trial Attorney
Compensation Programs Torts Branch
Health Systems 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, 08W-2SA Tel: (202) 616-4181
Rockville, MD 20857 Email: debra.begley@usdoj.gov
t/ 2C
Dated: 7..b.J
6