VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00159
Package ID: USCOURTS-cofc-1_24-vv-00159
Petitioner: Christina Moser
Filed: 2025-01-29
Decided: 2025-02-28
Vaccine: tetanus
Vaccination date: 2023-02-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 22000

AI-assisted case summary:
Christina Moser filed a petition for compensation under the National Vaccine Injury Compensation Program on January 29, 2025, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus vaccine received on February 1, 2023. She stated the vaccine was administered in the United States, her injury lasted more than six months, and she had not previously filed an action or received compensation for this injury. Respondent denied that Ms. Moser sustained a SIRVA Table injury and denied that the vaccine caused her alleged shoulder injury. Despite their differing positions, the parties filed a joint stipulation agreeing to settle the case. The stipulation stated that the tetanus vaccine is contained in the Vaccine Injury Table. Ms. Moser alleged she suffered a SIRVA within the time period set forth in the Table, or alternatively, that it was caused-in-fact by the vaccine. The parties agreed that a decision should be entered awarding compensation. Chief Special Master Corcoran adopted the stipulation as his decision, awarding Ms. Moser a lump sum of $22,000.00 for all items of damages available under the program. This award represents a settlement of liability and damages claimed under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00159-0
Date issued/filed: 2025-02-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/29/2025) regarding 31 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00159-UNJ Document 39 Filed 02/28/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0159V
CHRISTINA MOSER, Chief Special Master Corcoran
Petitioner, Filed: January 29, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner.
Nathaniel Trager, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 31, 2024, Christina Moser filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
). On February 6, 2024 Petitioner filed an amended petition. Petitioner
alleges that she suffered a shoulder injury related to vaccine administration ( SIRVA )
resulting from a tetanus vaccine received on February 1, 2023. Amended Petition at 1;
Stipulation, filed January 29, 2025, at ¶¶ 2-4 (ECF No. 29). Petitioner further alleges that
the vaccine was administered in the United States, her injury has lasted for more than six
months, and neither Petitioner, nor any other party, has ever filed an action or received
compensation in the form of an award or settlement, for Petitioners vaccine-related injury.
Amended Petition at ¶¶ 2, 11, 13, 14; Stipulation at ¶¶ 3-5. Respondent denies that
petitioner sustained a SIRVA Table injury and denies that the vaccine caused petitioners
alleged shoulder injury or any other injury.
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 sectionreferences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2018).

Case 1:24-vv-00159-UNJ Document 39 Filed 02/28/25 Page 2 of 7
Nevertheless, on January 29, 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:
A lump sum of $22,000.00 in the form of a check payable to Petitioner.
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 P 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
renouncing the right to seek review.
2

Case 1:24-vv-00159-UNJ Document 39 Filed 02/28/25 Page 3 of 7
IN THE UNITED STA TES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CHRISTINA MOSER,
Petitioner, No. 24-159V
Chief Special Master Brian H. Corcoran
V. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Christina Moser (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
of a tetanus-diphtheria (Td or tetanus) vaccine, which vaccine is contained in the Vaccine Injury
Table (the Table), 42 C.F.R. § 100.3(a).
2. Petitioner received a tetanus vaccine on February 1, 2023, in her left deltoid.
3. The vaccine was administered within the United States.
4. Petitioner alleges that petitioner suffered a shoulder injury related to vaccine
administration (SIRVA) within the time period set forth in the Table, or in the alternative, that
she suffered a SIRVA that was caused-in-fact by the tetanus vaccine. Petitioner further alleges
that petitioner suffered the residual effects of the 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 1:24-vv-00159-UNJ Document 39 Filed 02/28/25 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injmy and denies that the
vaccine caused petitioner's alleged shoulder injury or any other 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 of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election 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 payment for all damages that would be available under 42
U.S.C. § 300aa-15(a):
A lump sum of $22,000.00 in the form of a check payable to petitioner.
9. As soon as practicable after the entry of judgment 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-2l(a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs 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-l 5(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.
2

Case 1:24-vv-00159-UNJ Document 39 Filed 02/28/25 Page 5 of 7
11. Payment 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-l5(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 unreimbursed 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-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. ln 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
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secreta1y of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and al I
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 tetanus vaccination administered
on February 1, 2023, as alleged in a petition for vaccine compensation filed on or about January
3 l, 2024, in the United States Cou1t of Federal Claims as petition No. 24-159V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:24-vv-00159-UNJ Document 39 Filed 02/28/25 Page 6 of 7
15. If the special master fails 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 te1ms 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 ational Childhood Vaccine Injw-y Act of 1986, as amended, 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 liability and/or
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 Human Services that the tetanus vaccine caused petitioner's alleged
injury or any other injury, or that petitioner suffered an injury contained in the Vaccine Injury
Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs. executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
4

Case 1:24-vv-00159-UNJ Document 39 Filed 02/28/25 Page 7 of 7
Respectfully submitted,
PETITIONER:
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CHRISTINA MOSER
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
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DlEL G. ALHOLM
Alholrn Law PC Deputy Director
445 North Wells Street, Suite 302 Torts Branch
Chicago, IL 60654 Civil Division
Tel: (773) 412-3320 U.S. Department of Justice
E-mail: dan@sirvainjury.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRET ARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey S. Digitally signed by Jeffrey
S.Beach-S
Beach -S Date; 2024.12.3015:52:18
-os·oo· for
CAPT GEORGE REED GRIMES, MD, MPH
Director, Division oflnjury 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-25A Tel: (202) 305-3907
Rockville, MD 20857 E-mail: Nathaniel.Trager@usdoj.gov
V
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Dated:
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