VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00332
Package ID: USCOURTS-cofc-1_17-vv-00332
Petitioner: Carmen Gonzalez
Filed: 2017-03-10
Decided: 2018-09-05
Vaccine: Hepatitis B
Vaccination date: 2015-05-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 114977

AI-assisted case summary:
Carmen Gonzalez filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) due to a Hepatitis B vaccination received on May 20, 2015. The respondent conceded that Ms. Gonzalez's SIRVA was caused-in-fact by the vaccination and that she met all legal prerequisites for compensation. The court issued a ruling on entitlement based on this concession. Subsequently, the parties reached a proffer agreement for damages. The court awarded Ms. Gonzalez a total of $114,977.35. This amount included $109,586.83 for lost earnings and pain and suffering, payable directly to her, and $5,390.52 to satisfy a State of Illinois Medicaid lien, payable jointly to Ms. Gonzalez and the Illinois Department of Healthcare and Family Services. Ms. Gonzalez agreed to endorse the lien payment to the state agency.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00332-0
Date issued/filed: 2018-08-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/25/2018) regarding 38 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00332-UNJ Document 49 Filed 08/29/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0332V
Filed: April 25, 2018
UNPUBLISHED
CARMEN GONZALEZ,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Hepatitis B (Hep
B) Vaccine; Shoulder Injury Related
SECRETARY OF HEALTH AND to Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 10, 2017, petitioner 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”) due to a Hepatitis B vaccination received on May 20, 2015.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 25, 2018, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent “agrees that petitioner’s SIRVA was caused-in-fact by the
hepatitis B vaccination administered in her left arm on May 20, 2015. Id. at 2.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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.
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 (2012).

Case 1:17-vv-00332-UNJ Document 49 Filed 08/29/18 Page 2 of 2
Respondent further agrees that no other causes for petitioner’s SIRVA were identified,
the statutory six month sequela requirement has been satisfied and, thus, “petitioner
has satisfied all legal prerequisites for compensation under the Act.” Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00332-1
Date issued/filed: 2018-09-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/25/2018) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00332-UNJ Document 50 Filed 09/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0332V
Filed: April 25, 2018
UNPUBLISHED
CARMEN GONZALEZ,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Hepatitis B (Hep B) Vaccine;
v.
Shoulder Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 10, 2017, petitioner 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”) due to a Hepatitis B vaccination received on May 20, 2015.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 25, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her SIRVA. On April 25, 2018, respondent filed a Rule 4(c) report
including a proffer on award of compensation (“Proffer”) indicating that petitioner should
be awarded $109,586.83, representing compensation for lost earnings and pain and
suffering, payable to petitioner; and $5,390.52, representing compensation for
satisfaction of the State of Illinois Medicaid lien, payable jointly to petitioner and the
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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.
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 (2012).

Case 1:17-vv-00332-UNJ Document 50 Filed 09/05/18 Page 2 of 2
Illinois Department of Healthcare and Family Services. Proffer at 4. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Based on the
record as a whole, the undersigned finds that petitioner is entitled to an award as stated
in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
the following compensation:
1. A lump sum payment of $109,586.83 in the form of a check payable to
petitioner, Carmen Gonzalez. This amount represents compensation for all
damages that would be available under § 300aa-15(a); and
2. A lump sum payment of $5,390.52, representing compensation for
satisfaction of the State of Illinois Medicaid lien, payable jointly to petitioner
and
Illinois Department of Healthcare and Family Services
Attn: Kevin Thornton
Bureau of Collections – Technical Recovery Section
201 South Grand Avenue East, Basement
Springfield, Illinois 62763
Recipient name: Carmen Gonzalez
Recipient ID: 188282438
Petitioner agrees to endorse this payment to the Illinois Department of
Healthcare and Family Services.
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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