VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00605
Package ID: USCOURTS-cofc-1_14-vv-00605
Petitioner: Evangelina Avila
Filed: 2014-07-14
Decided: 2015-07-02
Vaccine: DTaP
Vaccination date: 2012-02-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Evangelina Avila filed a petition for compensation under the National Vaccine Injury Compensation Program on July 14, 2014. She alleged that she received a diphtheria-tetanus-acellular pertussis (DTaP) vaccination in her right arm on February 21, 2012, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a report on July 1, 2015, conceding that Ms. Avila is entitled to compensation. The respondent agreed that the alleged injury was consistent with SIRVA and that Ms. Avila met the statutory requirements, including suffering the condition for more than six months. Based on the respondent's concession and a review of the medical records, Special Master Nora Beth Dorsey found that Ms. Avila is entitled to compensation. The case was then set to proceed to the damages phase. Petitioner's counsel was Martin James Martinez. Respondent's counsel was Julia Wernett McInerny.

Theory of causation field:
Petitioner Evangelina Avila alleged a shoulder injury related to vaccine administration (SIRVA) following a DTaP vaccination on February 21, 2012. The respondent conceded entitlement, agreeing the injury was consistent with SIRVA and that petitioner met the statutory requirement of suffering the condition for more than six months. The Special Master, Nora Beth Dorsey, ruled on entitlement based on the respondent's concession and a review of the medical records, finding petitioner entitled to compensation. The case proceeded to the damages phase. The specific mechanism of injury and expert testimony are not described in the public text. Petitioner's counsel was Martin James Martinez, and respondent's counsel was Julia Wernett McInerny.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00605-0
Date issued/filed: 2015-07-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 7/2/2015) regarding 27 Ruling on Entitlement. Signed by Special Master Nora Beth Dorsey. (fs) Copy to parties.
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Case 1:14-vv-00605-UNJ Document 29 Filed 07/23/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: July 2, 2015)
* * * * * * * * * * * * * * * UNPUBLISHED
EVANGELINA AVILA, *
* No. 14-605V
Petitioner, *
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Ruling on Entitlement; Conceded;
* Diphtheria-Tetanus-Acellular Pertussis
Respondent. * Vaccine (DTaP); Shoulder Injury Related to
* Vaccine Administration; SIRVA.
* * * * * * * * * * * * * * *
Martin James Martinez, Martinez Law Office, Napa, CA, for petitioner.
Julia Wernett McInerny, United States Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On July 14, 2014, Evangelina Avila (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“the Program”)2 alleging that she received
an diphtheria-tetanus-acellular pertussis (DTaP) vaccination in her right arm on February 21,
2012, and thereafter developed a shoulder injury related to vaccine administration (SIRVA). See
Petition at 1.
On July 1, 2015, respondent filed a report pursuant to Vaccine Rule 4(c) in which she
states that petitioner is entitled to compensation in this case. Respondent’s Report at 1, 4-5.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002 § 205, 44 U.S.C. § 3501 (2006). In
accordance with the Vaccine Rules, each party has 14 days within which to request redaction “of
any information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b). Further, consistent with the rule requirement, a motion for redaction must include a
proposed redacted decision. If, upon review, the undersigned agrees that the identified material
fits within the requirements of that provision, such material will be deleted from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:14-vv-00605-UNJ Document 29 Filed 07/23/15 Page 2 of 2
Specifically, respondent agrees that the alleged injury is consistent with shoulder injury related to
vaccine administration (“SIRVA”). Id. Based on a review of the medical records, respondent
states that petitioner has met the applicable statutory requirements by suffering her condition for
more than six months and that, therefore, petitioner has satisfied all legal prerequisites for
compensation under the Act. Id.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of
respondent’s concession and a review of the record, the undersigned finds that petitioner is
entitled to compensation. This matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00605-1
Date issued/filed: 2016-01-05
Pages: 4
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/11/2015) regarding 40 DECISION Proffer Signed by Special Master Mindy Michaels Roth. (mbl) Copy to parties.
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CCaassee 11::1144--vvvv--0000660055--UUNNJJ DDooccuummeenntt 4401 FFiilleedd 1021//1015//1156 PPaaggee 11 ooff 24
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 11, 2015
* * * * * * * * * * * * *
EVANGELINA AVILA, *
* Special Master Roth
*
Petitioner, * No. 14-605V
*
v. * Damages Decision Based on Proffer;
* DTaP; Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration [“SIRVA”];
AND HUMAN SERVICES, * Arthritis
*
Respondent. *
* * * * * * * * * * * * *
Martin J. Martinez, Nemes, Martinez Law Office, Napa, CA, for petitioner.
Julia W. McInerny, U.S. Dept. of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Roth, Special Master:
On July 14, 2014, Evangelina Avila filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 [the “Vaccine Act” or
“Program”] alleging that she suffered a shoulder injury and arthritis as a result of the
administration of her February 21, 2012 DTaP vaccination. Petition at 2-3.
On July 2, 2015, noting respondent’s concession in her Rule 4(c) Report that petitioner is
entitled to compensation in this case, Chief Special Master Dorsey issued a Ruling on
Entitlement. This case was transferred to the undersigned on October 19, 2015. On December
10, 2015, respondent filed a Proffer on award of compensation. The proffer indicates that
petitioner agrees with each aspect of the compensation award.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this
decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002,
Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). In accordance with Vaccine Rule 18(b), petitioner has
14 days to identify and move to delete 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
delete 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006).
1

CCaassee 11::1144--vvvv--0000660055--UUNNJJ DDooccuummeenntt 4401 FFiilleedd 1021//1015//1156 PPaaggee 22 ooff 24
Pursuant to the terms stated in the attached proffer, I award petitioner a lump sum
payment of $100,000.00 in the form of a check payable to petitioner. This amount represents
compensation for all damages that would be available under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this decision.3
Any questions regarding this Order may be directed to my law clerk, Marc
Langston, at (202) 357-6392, or by email at Marc_Langston@ao.uscourts.gov.
IT IS SO ORDERED.
s/Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the
right to seek review.
2

CCCaaassseee 1 11:1::11444-v--vvvvv-0--00000666000555-U--UUNNNJJJ D DDooocccuuummmeeennnt tt4 34091-1 FF Fiilleeileddd 10 1212//10/1051//11/1565 PP Paaagggeee 13 1 oo off f24 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
EVANGELINA AVILA, ) No. 14-605V
) ECF
Petitioner, ) Special Master Roth
)
v. )
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$100,000.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $100,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
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 medical
expenses, future lost earnings, and future pain and suffering.

CCCaaassseee 1 11:1::11444-v--vvvvv-0--00000666000555-U--UUNNNJJJ D DDooocccuuummmeeennnt tt4 34091-1 FF Fiilleeileddd 10 1212//10/1051//11/1565 PP Paaagggeee 24 2 oo off f24 2
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Julia W. McInerny
JULIA W. MCINERNY
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
DATED: December 10, 2015 (202) 353-3919
2