VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01111
Package ID: USCOURTS-cofc-1_18-vv-01111
Petitioner: Salvador Monarrez
Filed: 2018-07-30
Decided: 2020-06-24
Vaccine: Tdap
Vaccination date: 2016-10-06
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 67500

AI-assisted case summary:
Salvador Monarrez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a Tetanus Diphtheria acellular Pertussis (Tdap) vaccination administered on October 6, 2016, caused a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that the petitioner's medical course was consistent with SIRVA as defined by the Vaccine Injury Table. Respondent confirmed that Monarrez had no pre-vaccination history of shoulder issues, the pain occurred within 48 hours after the vaccination, and the pain and reduced range of motion were limited to the injection shoulder. No other condition was identified to explain the symptoms, and the injury's residual effects lasted more than six months. Based on the respondent's concession and the evidence, a ruling on entitlement was issued finding Monarrez entitled to compensation. Subsequently, a decision awarding damages was issued. Respondent filed a proffer recommending an award of $67,500.00, representing compensation for all damages available under the Vaccine Act, which Monarrez agreed to. The court awarded Monarrez a lump sum payment of $67,500.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01111-0
Date issued/filed: 2019-11-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/16/2019) regarding 30 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-01111-UNJ Document 36 Filed 11/13/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1111V
Filed: September 16, 2019
UNPUBLISHED
SALVADOR MONARREZ,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Tetanus Diphtheria
SECRETARY OF HEALTH AND acellular Pertussis (Tdap) Vaccine;
HUMAN SERVICES, Shoulder Injury Related to Vaccine
Administration (SIRVA)
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 30, 2018, 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”) as a result of a Tetanus Diphtheria acellular Pertussis (“Tdap”)
vaccination administered on October 6, 2016. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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. Because this unpublished ruling contains a reasoned explanation for the action in this
case, undersigned is 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).
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 1:18-vv-01111-UNJ Document 36 Filed 11/13/19 Page 2 of 2
On September 13, 2019, 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 “has concluded that petitioner’s medical
course is consistent with SIRVA as defined by the Vaccine Injury Table and
corresponding Qualifications and Aids to Interpretation.” Id. at 4. Respondent further
agrees that “petitioner had no pre-vaccination history of pain, inflammation, or
dysfunction of his left shoulder; pain occurred within 48 hours after receipt of an
intramuscular vaccination; pain and reduced range of motion were limited to the
shoulder in which the vaccine was administered; and, no other condition or abnormality
. . . has been identified to explain petitioner’s shoulder pain.” Id. Respondent also
notes that the petitioner suffered the residual effects of his injury for more than six
months. 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
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01111-1
Date issued/filed: 2020-06-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/08/2020) regarding 46 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01111-UNJ Document 50 Filed 06/24/20 Page 1 of 4
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1111V
UNPUBLISHED
SALVADOR MONARREZ, Chief Special Master Corcoran
Petitioner, Filed: May 8, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 30, 2018, Salvador Monarrez 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of a Tetanus Diphtheria acellular Pertussis (“Tdap”)
vaccination administered on October 6, 2016. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On September 16, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On May 7, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $67,500.00.
Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the
1 Because this unpublished decision 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 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:18-vv-01111-UNJ Document 50 Filed 06/24/20 Page 2 of 4
proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to
an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $67,500.00 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
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

Case 1:18-vv-01111-UNJ Document 50 Filed 06/24/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SALVADOR MONARREZ,
Petitioner,
No. 18-1111V
v.
Chief Special Master Corcoran (SPU)
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On September 13, 2019, respondent filed a Rule 4(c) Report concluding that petitioner
sustained an injury that is compensable under the National Childhood Vaccine Injury Act of
1986, as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following receipt of a Tdap
vaccination administered on October 6, 2016. Accordingly, on September 16, 2019, a Ruling on
Entitlement, adopting respondent’s recommendation, was issued.
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$67,500.00.1 This is comprised of pain and suffering, and represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.
1 Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief.

Case 1:18-vv-01111-UNJ Document 50 Filed 06/24/20 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through:
a lump sum of $67,500.00 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).
Petitioner agrees. Petitioner is a competent adult, therefore evidence of guardianship is not
required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: May 7, 2020
2