VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00855 Package ID: USCOURTS-cofc-1_24-vv-00855 Petitioner: Marie Moray Filed: 2025-02-24 Decided: 2025-05-14 Vaccine: pneumococcal conjugate Vaccination date: 2023-07-17 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 53999 AI-assisted case summary: Marie Moray filed a petition for compensation under the National Vaccine Injury Compensation Program on June 5, 2024, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a pneumococcal conjugate (Prevnar) vaccination received on July 17, 2023. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on February 21, 2025, conceding that Petitioner is entitled to compensation. The respondent agreed that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's position and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 24, 2025, finding Petitioner entitled to compensation. Subsequently, on April 11, 2025, the parties filed a Proffer on Award of Compensation. The Special Master issued a Decision on Damages on May 14, 2025, awarding Marie Moray a total of $53,999.00. This award consisted of a lump sum of $52,500.00 for pain and suffering, to be paid via ACH deposit to Petitioner's counsel's IOLTA account for prompt disbursement, and a lump sum payment of $1,498.60 to satisfy a State of New York Medicaid lien. The latter amount was to be paid via check payable jointly to Petitioner and the New York State Department of Health, which Petitioner agreed to endorse. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and Respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. The case was resolved through a proffer on award of compensation. Theory of causation field: Petitioner Marie Moray alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a pneumococcal conjugate (Prevnar) vaccination on July 17, 2023. The respondent conceded that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner met all legal prerequisites for compensation. The public decision does not describe the specific mechanism of injury, onset, symptoms, or medical experts. The case was resolved via a proffer on award of compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 24, 2025, and a Decision on Damages on May 14, 2025. The award included $52,500.00 for pain and suffering and $1,498.60 to satisfy a State of New York Medicaid lien, totaling $53,999.00. Petitioner was represented by Jimmy A. Zgheib, and Respondent by Camille Michelle Collett. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00855-0 Date issued/filed: 2025-03-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/24/2025) regarding 19 Ruling on Entitlement. (Signed by Chief Special Master Brian H. Corcoran.) (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00855-UNJ Document 21 Filed 03/26/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0855V MARIE MORAY, Chief Special Master Corcoran Petitioner, v. Filed: February 24, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 5, 2024, Marie Moray 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”) as the result of a pneumococcal conjugate (“Prevnar”) vaccination received on July 17, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 21, 2025, 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 agrees that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Id. at 5 (citing 42 C.F.R. §§ 100.3(a), 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-00855-UNJ Document 21 Filed 03/26/25 Page 2 of 2 (c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. at 5 – 6 (internal citations omitted). 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-00855-1 Date issued/filed: 2025-05-14 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 04/14/2025) regarding 23 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00855-UNJ Document 29 Filed 05/14/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0855V MARIE MORAY, Chief Special Master Corcoran Petitioner, v. Filed: April 14, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On June 5, 2024, Marie Moray 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”) as the result of a pneumococcal conjugate (“Prevnar”) vaccination received on July 17, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 21, 2025, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On April 11, 2025, Respondent filed a Proffer on award of compensation (“Proffer”). Respondent represented that Petitioner agrees with 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 1:24-vv-00855-UNJ Document 29 Filed 05/14/25 Page 2 of 5 the proffered award. Id. at 2. 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 the following compensation: A. A lump sum of $52,500.00 (for pain and suffering) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. B. A lump sum payment of $1,498.60, representing compensation for satisfaction of the State of New York Medicaid lien, in the form of a check payable to Petitioner and: NEW YORK STATE DEPARTMENT OF HEALTH New York State Department of Health P.O. Box 415874 Boston, MA 02241-5874 Case No.: 260181 Petitioner agrees to endorse the check to NEW YORK STATE DEPARTMENT OF HEALTH for satisfaction of the Medicaid lien. Proffer at 2 – 3. These amounts represent compensation for all damages that would be available under Section 15(a). Id. 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-00855-UNJ Document 29 Filed 05/14/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) MARIE MORAY, ) ) No. 24-855V ECF Petitioner, ) ) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) _________________________________(cid:3)(cid:3)) PROFFER ON AWARD OF COMPENSATION On June 5, 2024, Marie Moray (“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 she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of a Prevnar-20 vaccine she received on July 17, 2023. Petition at 1. On February 21, 2025, 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. On February 24, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 19. I. Compensation for Vaccine Injury-Related Items A. Pain and Suffering Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $52,500.00 for pain and suffering, in the form of an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Petitioner agrees. Case 1:24-vv-00855-UNJ Document 29 Filed 05/14/25 Page 4 of 5 B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of New York Medicaid lien in the amount of $1,498.60, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of New York may have against any individual as a result of any Medicaid payments the State of New York has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about July 17, 2023, under Title XIX of the Social Security Act. The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through two lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: 1 A. A lump sum payment of $52,500.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner; B. A lump sum payment of $1,498.60, representing compensation for satisfaction of the State of New York Medicaid lien, in the form of a check payable jointly to petitioner and: NEW YORK STATE DEPARTMENT OF HEALTH New York State Department of Health P.O. Box 415874 Boston, MA 02241-5874 Case No: 260181 Petitioner agrees to endorse the check to NEW YORK STATE DEPARTMENT OF 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 medical expenses, future pain and suffering, and future lost wages. 2 Case 1:24-vv-00855-UNJ Document 29 Filed 05/14/25 Page 5 of 5 HEALTH for satisfaction of the Medicaid lien. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER A. PEARLMAN Deputy Director Torts Branch, Civil Division JULIA A. COLLISON Assistant Director Torts Branch, Civil Division s/Camille M. Collett CAMILLE M. COLLETT Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-4098 Fax: (202) 616-4310 Email: Camille.M.Collett@usdoj.gov Date: April 11, 2025 3