VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00754
Package ID: USCOURTS-cofc-1_24-vv-00754
Petitioner: Robert Moseley
Filed: 2024-12-13
Decided: 2025-03-11
Vaccine: influenza
Vaccination date: 2022-10-25
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 58044

AI-assisted case summary:
Robert Moseley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of an influenza vaccination he received on October 25, 2022. The respondent conceded that Mr. Moseley's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that Mr. Moseley had no prior history of shoulder issues, that pain occurred within forty-eight hours after the vaccination, and that the pain and reduced range of motion were limited to the shoulder where the vaccine was administered. Furthermore, no other condition or abnormality was identified to explain the shoulder pain, and the residual effects of the injury lasted for more than six months. Based on the respondent's concession and the evidence of record, the court found Mr. Moseley entitled to compensation. Subsequently, the parties agreed to a settlement. The court awarded Mr. Moseley a total of $58,044.80, which included $57,500.00 for pain and suffering and $544.80 for past unreimbursable expenses. This award was to be paid as a lump sum through an ACH deposit to his counsel's IOLTA account for prompt disbursement.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00754-0
Date issued/filed: 2025-01-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/13/2024) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00754-UNJ Document 21 Filed 01/22/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-754V
ROBERT MOSELEY, Chief Special Master Corcoran
Petitioner, Filed: December 13, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 14, 2024, Robert Moseley 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 the result of an influenza (“flu”) vaccination
received on October 25, 2022. Petition at 1, n. 1. Petitioner further alleges that he
received the vaccine in the United States, that he suffered the residual effects of his injury
for more than six months, 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 ¶¶ 15-17. 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 1:24-vv-00754-UNJ Document 21 Filed 01/22/25 Page 2 of 2
On December 13, 2024, 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 he
has concluded that petitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table. Specifically, petitioner had no history
of pain, inflammation, or dysfunction of his left shoulder prior to vaccination;
pain occurred within forty-eight hours after receipt of an intramuscular
vaccination; pain and reduced range of motion 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. 42
C.F.R. §§ 100.3(a), (c)(10). Additionally, based on the medical records
outlined above, petitioner suffered the residual effects of his condition for
more than six months. Therefore, based on the record as it now stands,
petitioner has satisfied all legal prerequisites for compensation under the
Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i).
Id. at 5.
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_24-vv-00754-1
Date issued/filed: 2025-03-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/03/2025) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00754-UNJ Document 27 Filed 03/11/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-754V
ROBERT MOSELEY, Chief Special Master Corcoran
Petitioner, Filed: February 3, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 14, 2024, Robert Moseley 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 the result of an influenza (“flu”) vaccination
received on October 25, 2022. Petition at 1, n. 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On December 13, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On January 29, 2025, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $57,500.00
representing pain and suffering, and $544.80 representing past unreimbursable
expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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 1:24-vv-00754-UNJ Document 27 Filed 03/11/25 Page 2 of 5
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 attached Proffer, I award Petitioner a lump
sum payment of $58,044.80 (representing $57,500.00 for pain and suffering and
$544.80 for past unreimbursable expenses ) to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement 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 1:24-vv-00754-UNJ Document 27 Filed 03/11/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ROBERT MOSELEY, )
)
Petitioner, )
) No. 24-754V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 14, 2024, Robert Moseley (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that he suffered a Table shoulder injury related to vaccine administration
(“SIRVA”), as the result of an influenza vaccine received on October 25, 2022. Petition at 1.
On December 13, 2024, 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 the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation the same day. ECF No. 16; ECF No. 17.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $57,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00754-UNJ Document 27 Filed 03/11/25 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $544.80. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). 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 $58,044.80 to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Robert Moseley: $58,044.80
Respectfully submitted,
BRETT A. SHUMATE
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
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 1:24-vv-00754-UNJ Document 27 Filed 03/11/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Margaret Armstrong
MARGARET ARMSTRONG
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4043
E-mail: margaret.armstrong@usdoj.gov
DATED: January 29, 2025
3