Moore V Secretary Of Health And Human Services

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-1854V

DANAH MOORE, Chief Special Master Corcoran

Petitioner, Filed: June 23, 2025
v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.

Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On November 12, 2024, Danah Moore 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”) resulting from an influenza vaccine received on September 18,
2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.

On May 29, 2025, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On June 23, 2025, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $68,461.60. Proffer at
2. In the Proffer, Respondent represented that Petitioner agrees 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.

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).
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $68,461.60 (comprised of $67,500.00 for pain and suffering and
$961.60 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
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

DANAH MOORE,

Petitioner,

v. No. 24-1854V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,

Respondent.

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On November 12, 2024, Danah Moore (“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”), as amended, alleging that she suffered a Table shoulder injury related

to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received

on September 18, 2023. Petition at 1.

On May 28, 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. ECF No. 18. On May 29, 2025, the Chief Special Master issued a Ruling

on Entitlement finding petitioner entitled to compensation. ECF No. 20.

I. Items of Compensation

A. Pain and Suffering

Based upon the evidence of record, respondent proffers that petitioner should be awarded

a lump sum of $67,500.00 for pain and suffering. Petitioner agrees.
B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that she incurred past unreimbursable

expenses related to her vaccine-related injury. Respondent proffers that petitioner should be

awarded past unreimbursable expenses in the amount of $961.60. See 42 U.S.C. § 300aa-

15(a)(1)(B). Petitioner agrees.

This amount represents 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 following 1: a lump sum payment of $68,461.60, 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, Danah Moore: $68,461.60

Respectfully submitted,

BRETT A. SHUMATE
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,
unreimbursed expenses, future lost earnings and future pain and suffering.

2
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division

ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division

/s/ ELIZABETH A. ANDARY
ELIZABETH A. ANDARY
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) 616-9824
E-mail: Elizabeth.A.Andary@usdoj.gov

Dated: June 23, 2025