VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00965 Package ID: USCOURTS-cofc-1_24-vv-00965 Petitioner: Jessica Mora Filed: 2024-06-25 Decided: 2025-10-07 Vaccine: influenza Vaccination date: 2022-10-28 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 100000 AI-assisted case summary: On June 25, 2024, Jessica Mora filed a petition seeking compensation for a left shoulder injury related to vaccine administration after an influenza vaccination on October 28, 2022. She alleged a Table SIRVA, administration in the United States, residual effects lasting more than six months, and no prior civil recovery. Respondent denied that Ms. Mora had sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury, and denied that the vaccine caused any other injury or current condition. The public decision does not describe her first symptom, onset interval, treatment, imaging, functional limitations, experts, or medical mechanism; it is limited to the stipulation facts. On October 7, 2025, Chief Special Master Brian H. Corcoran adopted the parties' joint stipulation. Ms. Mora was awarded a $100,000.00 lump sum through counsel's IOLTA account for all Vaccine Act damages. Attorneys' fees and costs were reserved for later proceedings. She was represented by Elizabeth Hess of Shannon Law Group. Theory of causation field: Influenza vaccine in left shoulder, October 28, 2022, alleged Table SIRVA. COMPENSATED by stipulation. Respondent denied Table SIRVA, flu-vaccine causation, and other injury/current condition, but the parties resolved the case. Public stipulation does not provide onset, treatment, diagnostic testing, experts, or a mechanism beyond Table SIRVA. Award: $100,000 lump sum for all Section 15(a) damages, ACH to counsel IOLTA. Chief Special Master Corcoran October 7, 2025. Attorney Elizabeth Hess, Shannon Law Group; respondent Adam Nemeth Muffett. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00965-0 Date issued/filed: 2025-11-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/07/2025) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00965-UNJ Document 34 Filed 11/10/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-965V JESSICA MORA, Chief Special Master Corcoran Petitioner, Filed: October 7, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Hess, Shannon Law Group, Woodridge, IL, for Petitioner. Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 25, 2024, Jessica Mora 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 Table shoulder injury related to vaccine administration (“SIRVA”) as a result of his October 28, 2022 influenza (“flu”) vaccination. Petition at ¶¶ 2, 4, 38; Stipulation at ¶¶ 2, 4. Petitioner further alleges that she received her vaccination in the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Petition at ¶¶ 2, 38, 41; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table Injury, denies that [P]etitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused [P]etitioner any other injury or her current condition.” Stipulation at ¶ 6. 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-00965-UNJ Document 34 Filed 11/10/25 Page 2 of 7 Nevertheless, on October 7, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation.3 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 $100,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 The final page of the parties’ stipulation, an e-signature verification, has been removed from the attached copy of the stipulation. 4 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-00965-UNJ Document 34 Filed 11/10/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JESSICA MORA, ) ) Petitioner, ) ) No. 24-965V (ECF) V. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: 1. Jessica Mora, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 ("Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table ("Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received the flu vaccination in her left shoulder on October 28, 2022. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") within the time period set forth in the Table, and that she experienced residual effects of this 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 her behalf as a result of her condition. ENV137834 74 -6809-CECF-8464-CEAC 09/30/2025 13:50 PM UTC Case 1:24-vv-00965-UNJ Document 34 Filed 11/10/25 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table Injury, denies that petitioner's alleged shoulder inju1y was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner any other injury or her cunent condition. 7. Maintaining their above-stated positions, the patties neve1theless 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-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum payment of $100,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner, Jessica Mora. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a). 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-21 (a)(l), and an application, the pa1ties will submit to fmther proceedings before the special master to award reasonable attorneys' fees and costs incmTed in proceeding upon this petition. 10. Petitioner and her 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. 2 ENV13783474-6809-CECF-8464-CEAC 09/30/2025 13:50 PM UTC Case 1:24-vv-00965-UNJ Document 34 Filed 11/10/25 Page 5 of 7 11. Payment made pursuant to paragraph 8 of this Stipulation, 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 patties and their attorneys fmther agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursable 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-15(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 her individual capacity and on behalf of her heirs, executors, administrators, successors or assigns, does forever in-evocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions, causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Comt of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l 0, 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 vaccine administered on or about October 28, 2022, as alleged by petitioner in a petition for vaccine compensation filed on June 25, 2024, in the United States Comt of Federal Claims as petition No. 24-965V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Comt on behalf of either or both of the parties. 3 ENV137834 7 4-6809-CECF-8464-CEAC 09/30/2025 13:50 PM UTC Case 1:24-vv-00965-UNJ Document 34 Filed 11/10/25 Page 6 of 7 15. If the Chief Special Master fails to issue a decision in complete confonnity with the terms of this Stipulation, or if the Comt 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 patty. 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 amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the patt of the patties 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 flu vaccine caused petitioner's alleged shoulder injury or any other injury. 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 I I I I I I I I I 4 ENV137834 74 -6809-CECF-8464-CEAC 09/30/2025 13:50 PM UTC Case 1:24-vv-00965-UNJ Document 34 Filed 11/10/25 Page 7 of 7 Respectfully submitted, PETITIONER: JESSICA MORA ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: L P-0.A. ~ +Le_d.,~ g. ~ Cb-L'd-0 €:dh020--- - ELIZABETH HESS HEATHER L. PEARLMAN Shannon Law Group, P.C. Deputy Director 530 Oak Comt Dr., Suite 360 Torts Branch Woodridge, IL 60517 Civil Division (312) 578-9501 U.S. Depaitment of Justice ehess@shannonlawgroup.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. Digitally signed by Jeffrey S. Beach -S A#:f:;;:!:/ / ~ Beach -5 Date: 2025.09.25 13:34:08 -04'00' for CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury 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, 14W-18 (202) 616-2895 Rockville, MD 20857 adam.muffett@usdoj.gov / _1--+/-_z_5_ _ Dated: _ t_o_ __ 5 ENV137834 74 -6809-CECF-8464-CEAC 09/30/2025 13:50 PM UTC