VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01449
Package ID: USCOURTS-cofc-1_18-vv-01449
Petitioner: Maritza Serrano
Filed: 2018-09-21
Decided: 2020-05-27
Vaccine: influenza
Vaccination date: 2015-10-21
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 107500

AI-assisted case summary:
Maritza Serrano filed a petition for compensation under the National Vaccine Injury Compensation Program on September 21, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccination received on October 21, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 21, 2020, conceding that Petitioner is entitled to compensation. The respondent concluded that Petitioner suffered SIRVA as defined by the Vaccine Injury Table, noting that she had no recent history of pain, inflammation, or dysfunction of her left shoulder; the onset of pain occurred within 48 hours after receipt of the vaccination; the pain was limited to the shoulder where the vaccine was administered; and no other condition or abnormality was identified to explain the pain. Furthermore, the respondent stated that Petitioner suffered residual effects of her condition for more than six months and had satisfied all legal prerequisites for compensation under the Act. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 24, 2020, finding Petitioner entitled to compensation. Subsequently, on May 27, 2020, Chief Special Master Corcoran issued a decision awarding damages. The parties had stipulated to an award of $107,500.00 in a joint Rule 4(c) report and proffer filed on April 21, 2020. The decision stated that Petitioner agreed with the proffered award. Chief Special Master Corcoran granted this amount as compensation for all damages available under the Act, awarding Petitioner a lump sum payment of $107,500.00 in the form of a check payable to Petitioner. The public decision does not describe the specific onset symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Roberto Ruiz-Comas of RC Legal & Litigation Services PSC, and Respondent was represented by Robert Paul Coleman, III of the U.S. Department of Justice.

Theory of causation field:
Petitioner Maritza Serrano alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 21, 2015. The Respondent conceded entitlement, finding that Petitioner met the criteria for SIRVA as defined by the Vaccine Injury Table: no recent shoulder pain/dysfunction, onset of pain within 48 hours post-vaccination, pain localized to the injection site, no other identified cause, and residual effects lasting over six months. The public text does not detail the specific mechanism of injury, expert testimony, or Petitioner's counsel, Roberto Ruiz-Comas. Respondent's counsel was Robert Paul Coleman, III. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on April 24, 2020, and the decision awarding damages on May 27, 2020. The parties stipulated to an award of $107,500.00, which was granted as compensation for all damages under the Act.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01449-0
Date issued/filed: 2020-05-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/24/2020) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01449-UNJ Document 36 Filed 05/26/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1449V
UNPUBLISHED
MARITZA SERRANO, Chief Special Master Corcoran
Petitioner, Filed: April 24, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Roberto Ruiz-Comas, RC Legal & Litigation Services PSC, San Juan, PR, for Petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 21, 2018, Maritza Serrano 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 SIRVA resulting from adverse
effects of an influenza vaccination received on October 21, 2015. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 21, 2020, 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 concluded that “petitioner suffered SIRVA as defined by
the Vaccine Injury Table. Specifically, petitioner had no recent history of pain,
1 Because this unpublished ruling 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 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, 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-01449-UNJ Document 36 Filed 05/26/20 Page 2 of 2
inflammation, or dysfunction of her left shoulder; the onset of pain occurred within 48
hours after receipt of an intramuscular vaccination; the pain was limited to the shoulder
where the vaccine was administered; and, no other condition or abnormality has been
identified to explain Petitioner’s left shoulder pain. In addition, petitioner suffered the
residual effects of her condition for more than six months. Id. at 2 (citations omitted).
Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Act. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01449-1
Date issued/filed: 2020-05-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/24/2020) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01449-UNJ Document 37 Filed 05/27/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1449V
UNPUBLISHED
MARITZA SERRANO, Chief Special Master Corcoran
Petitioner, Filed: April 24, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Roberto Ruiz-Comas, RC Legal & Litigation Services PSC, San Juan, PR, for Petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 21, 2018, Maritza Serrano 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 SIRVA resulting from adverse
effects of an influenza vaccination received on October 21, 2015. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 21, 2020, Respondent filed a joint Rule 4(c) report and proffer on award
of compensation (“Proffer”). On April 24, 2020, a ruling on entitlement was issued,
finding Petitioner entitled to compensation for SIRVA. The April 21, 2020 Proffer
indicated that Petitioner should be awarded $107,500.00. Proffer at 3. In the Proffer,
Respondent represented that Petitioner agrees with the proffered award. Id. Based on
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-01449-UNJ Document 37 Filed 05/27/20 Page 2 of 2
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 Proffer, I award Petitioner a lump sum
payment of $107,500.00 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