VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01696
Package ID: USCOURTS-cofc-1_18-vv-01696
Petitioner: Marisol Torres-Sandlin
Filed: 2018-11-01
Decided: 2020-01-17
Vaccine: influenza
Vaccination date: 2015-11-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 97159

AI-assisted case summary:
Marisol Torres-Sandlin filed a petition for compensation under the National Vaccine Injury Compensation Program on November 1, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 3, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 17, 2019, conceding that the petitioner's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she met all legal prerequisites for compensation. Based on this concession, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 18, 2019, finding Marisol Torres-Sandlin entitled to compensation. Subsequently, on December 17, 2019, the parties filed a Proffer on Award of Compensation. The respondent recommended an award of $97,159.91, which included $95,000.00 for actual and projected pain and suffering (reduced to net present value) and $2,159.91 for actual unreimbursable expenses. The petitioner agreed with this proffered award. Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages on January 17, 2020, awarding Marisol Torres-Sandlin a lump sum payment of $97,159.91, payable to her as a competent adult. The decision does not describe the specific onset of symptoms, medical tests, or treatments. Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.

Theory of causation field:
Petitioner Marisol Torres-Sandlin alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on November 3, 2015. The respondent conceded that the injury was consistent with SIRVA as defined on the Vaccine Injury Table. The case proceeded to an award based on this concession, without detailed description of the medical mechanism, specific onset, symptoms, or expert testimony in the provided public text. The award was $97,159.91, comprising $95,000.00 for pain and suffering and $2,159.91 for unreimbursable expenses, paid as a lump sum to the competent adult petitioner. Chief Special Master Brian H. Corcoran issued the Ruling on Entitlement on October 18, 2019, and the Decision Awarding Damages on January 17, 2020. Petitioner's counsel was John Robert Howie, and respondent's counsel was Sarah Christina Duncan.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-01696-0
Date issued/filed: 2019-12-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/18/2019) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01696-UNJ Document 33 Filed 12/20/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1696V
Filed: October 18, 2019
UNPUBLISHED
MARISOL TORRES-SANDLIN,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Corcoran, Chief Special Master:
On November 1, 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”) after receiving an influenza vaccination on November 2, 2015.
Petition at 1, ¶¶ 1, 40. Petitioner further alleges that she received the vaccination in the
United States, that she suffered the residual effects of her injury for more than six
months, and that neither she nor any other party has brought a civil action or received
1 I intend to post this decision on the United States Court of Federal Claims' website. 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. 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).
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-01696-UNJ Document 33 Filed 12/20/19 Page 2 of 2
compensation for her injury, alleged as vaccine caused. Id. at ¶¶ 1, 38-39. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On October 17, 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 alleged injury is
consistent with SIRVA as defined on the Vaccine Injury Table.” Id. at 4. Respondent
further agrees that “based on the record as it now stands, petitioner has satisfied all
legal prerequisites for compensation under the Act.” Id. at 5.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-01696-1
Date issued/filed: 2020-01-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/17/2019) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01696-UNJ Document 37 Filed 01/17/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1696V
UNPUBLISHED
MARISOL TORRES-SANDLIN, Chief Special Master Corcoran
Petitioner, Filed: December 17, 2019
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)
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On November 1, 2018, Marisol Torres-Sandlin 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”) after receiving an influenza vaccination on
November 3,3 2015. Petition at 1, ¶¶ 1, 40. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 18, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On December 17, 2019, Respondent filed a
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).
3 As Respondent notes in his proffer on award of compensation (“Proffer”), Petitioner refers to the date of
vaccination as November 2 and 3, 2015, but the vaccine record indicates the vaccination was
administered on November 3, 2015. Proffer at 1 n.1 (comparing the Petition at 1-2 and Exhibit 2 (record
of vaccination)).

Case 1:18-vv-01696-UNJ Document 37 Filed 01/17/20 Page 2 of 5
Proffer indicating Petitioner should be awarded $97,159.91, representing $95,000.00 in
compensation for Petitioner’s actual and projected pain and suffering4 and $2,159.91 in
compensation for Petitioner’s actual unreimbursable expenses. Proffer at 1-2. In the
Proffer, Respondent represented that Petitioner agrees with the 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 $97,159.91, representing $95,000.00 in compensation for
Petitioner’s actual and projected pain and suffering and $2,159.91 in
compensation for Petitioner’s actual unreimbursable expenses 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.5
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 The portion of this award attributable to Petitioner’s projected pain and suffering has been reduced to
net present value. See § 15(a)(4) (requiring this reduction).
5 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-01696-UNJ Document 37 Filed 01/17/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MARISOL TORRES-SANDLIN, )
)
Petitioner, )
) No. 18-1696V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 1, 2018, Marisol Torres-Sandlin (“petitioner”) filed a petition for
compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1
to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received on November
2, 2015.1 Petition at 1, 11. On October 18, 2019, the Secretary of Health and Human Services
(“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation
under the terms of the Act, and the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation the same day. ECF No. 21; ECF No. 22.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Marisol Torres-Sandlin should be awarded $95,000.00 in actual
and projected pain and suffering. This amount reflects that the award for projected pain and
1 The petition notes the date of vaccination alternately as November 2, and November 3, 2015.
Compare petition at 1 with petition at 2. The vaccine administration record indicates that
petitioner received the vaccine on November 3, 2015. Exhibit (“Ex.”) 2.

Case 1:18-vv-01696-UNJ Document 37 Filed 01/17/20 Page 4 of 5
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Marisol Torres-Sandlin’s expenditure of past
unreimbursable expenses related to her vaccine-related injury. Respondent proffers that
petitioner should be awarded past unreimbursable expenses in the amount of $2,159.91, as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to Marisol Torres-Sandlin should be
made through a lump sum payment as described below and requests that the Chief Special
Master’s decision and the Court’s judgment award the following2: a lump sum payment of
$97,159.91, representing compensation for pain and suffering ($95,000.00), and past
unreimbursable expenses ($2,159.91), in the form of a check payable to petitioner, Marisol
Torres-Sandlin.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Marisol Torres-Sandlin: $97,159.91
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
2 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 lost earnings
and future pain and suffering.
2

Case 1:18-vv-01696-UNJ Document 37 Filed 01/17/20 Page 5 of 5
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
SARAH C. DUNCAN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 514-9729
Fax: (202) 616-4310
DATED: December 17, 2019
3