MOSES v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:21-vv-02052-UNJ Document133 _ Filed 11/12/25 Page1of9

In the Gnited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
Filed: October 15, 2025

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AND HUMAN SERVICES, (“Flu”) Vaccine; Chronic Inflammatory
Demyelinating Polyneuropathy (“CIDP”).

Respondent.

AMY MOSES, as next friend of **

E.M., a minor, ** UNPUBLISHED
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Petitioner, * No. 21-2052V

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Vv. * Special Master Dorsey
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SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza
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Scott William Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION BASED ON STIPULATION!

On October 21, 2021, Amy Moses (‘Petitioner’), as next friend of E.M. a minor, filed a
petition in the National Vaccine Injury Program? alleging that E.M. developed chronic
inflammatory demyelinating polyneuropathy (“CIDP”) as a result of an influenza (‘flu’)
vaccination on November 2, 2018. Petition at 2-4 (ECF No. 1).

' Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it 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, the undersigned agrees that the
identified material fits within this definition, the undersigned will redact such material from
public access.

The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act’). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

2
The parties stipulate that Petitioner shall receive the following compensation:
(1) An amount of $134,000.00 to purchase the annuity contract described in
paragraph 10 of the Stipulation, paid to the life insurance company from which
the annuity will be purchased (“Life Insurance Company”).
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
On October 15, 2025, the parties filed a stipulation recommending an award of
compensation to Petitioner. Stipulation (ECF No. 129). Respondent denies that the vaccine
caused-in-fact E.M.’s alleged injuries, any other injury, or his current condition. Nevertheless,
the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds
the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
Case 1:21-vv-02052-UNJ Document 133 Filed 11/12/25 Page 2 of 9

Case 1:21-vv-02052-UNJ Document133 Filed 11/12/25 Page 3of9

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

AMY MOSES, as Next Friend
of E.M., a Minor,

Petitioner, No. 21-2052V (ECF)
v. Special Master Dorsey

SECRETARY OF HEALTH
AND HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

1. Amy Moses (“petitioner”), on behalf of E.M., a minor child, 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 E.M.’s receipt of an influenza (“flu”) vaccination, which vaccine is contained in the
Vaccine Injury Table (“Table’’), 42 C.F.R. § 100.3(a).

2. E.M. received the vaccination on November 2, 2018.

3. The vaccination was administered within the United States.

4. Petitioner alleges that E.M. suffered from chronic inflammatory demyelinating
polyneuropathy (“CIDP”) as a result of his receipt of the vaccine. Petitioner also alleges that
E.M. 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 E.M.’s behalf as a result of E.M.’s alleged injuries.

Case 1:21-vv-02052-UNJ Document133 _ Filed 11/12/25 Page 4of9

6. Respondent denies that the vaccine caused-in-fact E.M.’s alleged injuries, any other
injury, or his current condition.

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. Assoon 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)(1), the Secretary of Health and Human
Services will issue the following vaccine compensation payments:

An amount of $134,000.00 to purchase the annuity contract described in
paragraph 10 below, paid to the life insurance company from which the annuity
will be purchased (“Life Insurance Company”).

This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-1 5(a).

9. The Life Insurance Company must have a minimum of $250,000,000.00 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:

a, A.M. Best Company: A++, A+, A+g, A+p, A+r, or Ats;

b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aal, or Aaa;

c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA,
AA+, or AAA;

d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA, or AAA.

10. The Secretary of Health and Human Services agrees to purchase an annuity contract

from the Life Insurance Company for the benefit of E.M., pursuant to which the Life Insurance

Case 1:21-vv-02052-UNJ Document133_ Filed 11/12/25 Page5of9

Company will agree to make certain lump sum payments to E.M. for all damages that would be
available under 42 U.S.C. §300aa-15(a), as follows:

a. Acertain Lump Sum of $82,548.51 payable on April 16, 2038.

b. Acertain Lump Sum of $108,191.84 payable on April 16, 2043.

c. Acertain Lump Sum of $139,441.81 payable on April 16, 2048.

The purchase price of the annuity described in this paragraph shall neither be greater than
nor less than $134,000.00. In the event that the cost of the annuity set forth above varies from
$134,000.00, the certain lump sum payable on April 16, 2048, shall be adjusted to ensure that
the total cost of the annuity is neither less than nor greater than $134,000.00. The certain lump
sum payments provided herein shall be made to E.M. as set forth above. Should E.M.
predecease payment of any of the certain lump sum payments set forth above, any outstanding
payments shall be made to hisestate. However, written notice to the Secretary of Health and
Human Services and the Life Insurance Company shall be provided within twenty (20) days of
E.M.’s death.

11. The annuity contract will be owned solely and exclusively by the Secretary of Health

and Human Services and will be purchased as soon as practicable following the entry of a
judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary
of Health and Human Services and the United States of America are not responsible for the
payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts
awarded pursuant to paragraph 13 herein, and that they do not guarantee or insure any of the
future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and
Human Services and the United States of America are released from any and all obligations with

respect to future annuity payments.

Case 1:21-vv-02052-UNJ Document133 Filed 11/12/25 Page 6 of9

12. The parties stipulate and agree that the annuity payments cannot be assigned,
accelerated, deferred, increased, or decreased by the parties and that no part of any annuity
payments called for herein, nor any assets of the United States or the annuity company, are
subject to execution or any legal process for any obligation in any manner. Petitioner and
petitioner’s heirs, executors, administrators, successors, and assigns do hereby agree that they
have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments,
or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign,
mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or
otherwise.

13. 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)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorney’s fees and costs incurred in proceeding
upon this petition.

14. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Vaccine 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 seg.)), or by entities that provide health services on a pre-paid basis.

15. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 13 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i),

subject to the availability of sufficient statutory funds.

Case 1:21-vv-02052-UNJ Document133 Filed 11/12/25 Page 7 of9

16. The parties and their attorneys further agree and stipulate that, except for any award
for attorney’s fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of E.M. 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).

17. Petitioner represents that she presently is, or if necessary will become, duly
authorized to serve as guardian of E.M.’s estate under the laws of the State of West Virginia.

18. In return for the payments described in paragraphs 8 and 13, petitioner, in her
individual capacity and as legal representative of E.M., on behalf of herself, E.M., and his heirs,
executors, administrators, successors or assigns, does forever irrevocably and unconditionally
release, acquit and discharge 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 seg., 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 E.M. resulting from, or alleged to have resulted from, the vaccination
administered on November 2, 2018, as alleged in a petition for vaccine compensation filed on or
about October 21, 2021, in the United States Court of Federal Claims as petition No. 21-2052V.

19. If E.M. 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.

20. Ifthe special master fails to issue a decision in complete conformity with the terms

of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a

Case 1:21-vv-02052-UNJ Document133 _ Filed 11/12/25 Page 8 of 9

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.

21. 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 13 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 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.

22. Petitioner hereby authorizes respondent to disclose documents filed by petitioner in
this case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.

23. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the vaccine caused-in-fact E.M.’s alleged injury, or
any other injury or E.M.’s current condition, or that E.M. suffered an injury contained in the
Vaccine Injury Table.

24. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s

heirs, executors, administrators, successors, and/or assigns.

END OF STIPULATION

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Case 1:21-vv-02052-UNJ Document133 Filed 11/12/25 Page 9of9

Respectfully submitted,

PETITIONER:

Cen Mygy]-

AMY yeses

ATTORNEY OF RECORD FOR
PETITIONER:

MALE

OTT W. ROONEY
NEMES ROONEY, xo
26050 Orchard Lake Road, Suite 300
Farmington Hills, MI 48334
Telephone: (248) 442-3300
Email: swr@nemesassociates.com

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH

AND HUMAN SERVICES:
Jeffrey S. Spr sonen

Date: 2025.09.16

Beach -S

CAPT GEORGE REED GRIMES, MD, MPH

Director, Division of Injury
Compensation Programs
Health Systems Bureau
Health Resources and
Services Administration
U.S. Department of Health and
Human Services
5600 Fishers Lane, 14W-18
Rockville, MD 20857

Dated: lO/1N/20€5

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

Depp ML

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:

Sapniu, SO HH, DID)

BENJAMIN P. WARDER

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station
Washington, DC 20044-0146
Telephone: (202) 532-5464

Email: Benjamin.P.Warder@usdoj.gov