# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19 - 1415V UNPUBLISHED
ELLEN MOSS , Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Chief Special Master Corcoran Filed: March 16, 2022 Special Processing Unit (SPU); Joint Stipulation on Damages; Influ enza ( Flu ) ; Shoulder Injury Related to Vaccine Administration (SIRVA)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA , for Petitioner. James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 

### On September 16, 201 9 , E llen Moss 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”) caused by a n influenza ( “flu ” ) vaccine administered on November 28, 2017 . Petition at 1 ; Stipulation, fil ed at March 16, 2022 , ¶¶ 1, 2

. Petitioner further alleges that the vaccine was administered within the United States, that she experienced residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a res ult of her condition

. Petit ion at 1 , 4 ; Stipulation at ¶¶ 3
- 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 cu rrent condition is a sequela of a vaccine
- related injury

. Stipulation at ¶ 6.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the D ecision 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 p ertinent subparagraph of 42 U.S.C. § 300aa (2012 ).2 

### Nevertheless, on March 15, 2022 , 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 $ 20 ,000.00 in the form of a check payable to P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that wo uld be available under Section 15 (a). Id

. I approve the requested amount for P etitioner’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.

### IN fflE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
ELLEN MOSS, Petitioner,
V. No. 19-1415V Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.


### STIPULATION The parties hereby stipuJate to the following matters: 1. Ellen Moss ("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 the influenza ("flu") vaccine, which 

### is contained in the Vaccine Injury Table (the ''Table"), 42 C
. F.R. § 100.3(a) 2. Petitioner received the flu vaccine on November 28, 2017. 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 vaccination. She further alleges that she experienced the residual effects of 

### this condition 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 alleged injury.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 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 SecretaryofHeahh and Human Services will issue the following vaccine compensation payment: A 

### lwnp sum of 

### $20,000.00 in the form of a check payable to petitioner. 

### This amount represents compensation for all damages that would be available under 42 U.S.C. 

### § 300aa-15(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 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 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 heahh benefits programs (other than Title XIX of the Social Security Act (42 U.S. C. 

### § 1396 et seq.)), or by entities that provide heahh services on a pre-paid basis. 211. Payment made pursuant to paragraph 8 and any am01mts awarded pursuant to paragraph 9 of 

### this Stipu1ation will be made in accordance with 42 U.S.C. 

### § 300aa-15(i), subject to the availability of sufficient statutory ftm.ds. 12. The parties and their attorneys further agree and stipu1ate that, except for any award for attorney's fees and litigation costs, and past unreimbu.rsable expenses, the money provided pursuant to 

### this Stipu1ation 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 irrevocably and unconditionally release, acquit and cmcharge 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 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 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 November 28, 2017,

as alleged in a petition for vaccine compensation filed on or about September 16, 2019, in the United States Court of Federal Claims as petition No. 19-1415V. 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.



### 315
. If the special master fails to issue a decision in complete conformity with the terms ofthis Stipulation or 

### if the Court of Federal Claims fails to enterjudgment 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 Chilcfuood Vaccine Injury 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 descnbed 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 injury or any other injury or her current disabilities, 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

4

### Respectfully submitted, 

### PETITIONER:

ELLEN MOSS 

### ATTORNEY OF RECORD FOR PETITIONER:

Muller Brazil, LLP 715 Twining 

### Road, Suite 08 Dresher, PA 

### 19025 215-885-1655 bridget@myvaccinelawyer.com



### AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES: t)ALe 

### t>. Mtskl.er, t>t+.Sc., MS,APR.N,

### for CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury



### Compensation Programs Health Systems Bureau Health Resources and Services

Admirmtration U.S. Department of Health

and Hwnan Services S600 F~hers Lane, 08N 146B Rockville, MD 208S7

Dated: ol 

# hs

# /Ufll.._

5 

### AUTHORIZED REPRSENTATIVE OF THE ATTORNEY GENERAL:

HEATHER 

### L. PEARLMAN Deputy Director Torts 

### Branch Civil 

### Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 

### ATTORNEY OF RECORD FOR RESPONDENT:



# ~~L(7e

# ~ JAMES V. LOPEZ Trial Attorney Torts 

### Branch, Civil 

### Division U.S. Department of Justice P.O. Box 146 Beajamin Franklin Station Washington, 

### DC 20044-0146 Tel: 

### (202) 616-365S Email: james.lopez@usdoj.gov