VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00324
Package ID: USCOURTS-cofc-1_19-vv-00324
Petitioner: Steven Vinueza
Filed: 2019-02-28
Decided: 2020-06-26
Vaccine: influenza
Vaccination date: 2017-11-21
Condition: subcutaneous abscess that resulted in scarring
Outcome: compensated
Award amount USD: 42500

AI-assisted case summary:
Steven Vinueza filed a petition for compensation under the National Vaccine Injury Compensation Program on February 28, 2019. He alleged that he developed a subcutaneous abscess that resulted in scarring after receiving an influenza vaccine on November 21, 2017. Mr. Vinueza initially described his injury as a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 15, 2020, conceding that Mr. Vinueza sustained an abscess and residual scarring caused in fact by the flu vaccine administered at the same location. However, the respondent denied that the injury was a SIRVA and requested that entitlement for SIRVA be denied. On April 16, 2020, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Mr. Vinueza entitled to compensation for his subcutaneous abscess and scarring. Subsequently, on May 19, 2020, the parties filed a proffer on the award of compensation. The respondent proposed an award of $42,500.00 for actual and projected pain and suffering, with projected amounts reduced to net present value. Mr. Vinueza agreed with this proffered award. Chief Special Master Corcoran issued a decision on May 19, 2020, awarding Mr. Vinueza a lump sum payment of $42,500.00, payable by check to Mr. Vinueza, as compensation for his pain and suffering. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.

Theory of causation field:
Steven Vinueza filed a petition alleging injury from an influenza vaccine received on November 21, 2017. He alleged a subcutaneous abscess resulting in scarring, and alternatively, a Shoulder Injury Related to Vaccine Administration (SIRVA), which is an "on-the-table" injury. The respondent conceded that Mr. Vinueza sustained an abscess and residual scarring caused-in-fact by the flu vaccine but denied the injury was a SIRVA. A ruling on entitlement found Mr. Vinueza entitled to compensation for the subcutaneous abscess and scarring. The parties subsequently stipulated to an award of $42,500.00 for pain and suffering. The public decision does not detail the specific medical mechanism of the abscess or scarring, nor does it name any medical experts. The award was based on a concession of causation-in-fact for the abscess and scarring, rather than a specific "on-the-table" theory. The award was made by Chief Special Master Brian H. Corcoran, with petitioner represented by Jeffrey S. Pop and respondent by Sarah Christina Duncan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00324-0
Date issued/filed: 2020-05-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/16/2020) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00324-UNJ Document 26 Filed 05/20/20 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0324V
UNPUBLISHED
STEVEN VINUEZA, Chief Special Master Corcoran
Petitioner, Filed: April 16, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Causation-In-Fact; Influenza (Flu)
Vaccine; Subcutaneous Abscess;
Respondent. Scarring
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On February 28, 2019, Steven Vinueza 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 “developed a subcutaneous abscess that
resulted in scarring” after receiving the influenza vaccine on November 21, 2017.
Petition at 1, at ¶¶ 3, 20. Petitioner describes his injury as a shoulder injury related to
vaccine administration (“SIRVA”). Id. Petitioner further alleges that he received the
vaccination in the United States, suffered the residual effects of his injury for more than
six months, and that neither he nor any other individual has filed a civil action or
received compensation for his injury, alleged as vaccine caused. Id. at ¶¶ 3, 20-21, 23.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
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 1:19-vv-00324-UNJ Document 26 Filed 05/20/20 Page 2 of 2
On April 15, 2020, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case for his subcutaneous abscess but
“denies that [P]etitioner suffered a SIRVA.” Respondent’s Rule 4(c) Report at 1.
Specifically, Respondent “concluded that petitioner developed an abscess and residual
scar on his right upper extremity, which was more likely than not caused by
administration of a flu vaccine at the same location.” Id. at 5. Respondent further
agrees that “has satisfied all legal prerequisites for compensation under the Act.” Id. at
6.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation for his subcutaneous abscess and
scarring.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-00324-1
Date issued/filed: 2020-06-26
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/19/2020) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00324-UNJ Document 30 Filed 06/26/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0324V
UNPUBLISHED
STEVEN VINUEZA, Chief Special Master Corcoran
Petitioner, Filed: May 19, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine;
Subcutaneous Abscess; Scarring
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On February 28, 2019, Steven Vinueza 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 “developed a subcutaneous abscess that
resulted in scarring” after receiving the influenza vaccine on November 21, 2017.
Petition at 1, at ¶¶ 3, 20. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On April 16, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his subcutaneous abscess. On May 19, 2020, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
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 1:19-vv-00324-UNJ Document 30 Filed 06/26/20 Page 2 of 5
$42,500.00, representing compensation for his actual and projected3 pain and suffering.
Proffer at 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 $42,500.00, representing his actual and projected pain and
suffering 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 The Proffer indicates that any amounts for projected pain and suffering have been reduced to net
present value. Proffer at 2 (citing § 15 (a)(4)).
4 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 1:19-vv-00324-UNJ Document 30 Filed 06/26/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
STEVEN VINUEZA, )
)
Petitioner, )
) No. 19-324V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 28, 2019, Steven Vinueza (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended, alleging that he developed “a subcutaneous abscess
that resulted in scarring” and a “Shoulder Injury Related to Vaccine Administration (‘SIRVA’),
an ‘on-the-table’ injury, within the requisite time period set forth in the Table” as a result of an
influenza (“flu”) vaccine administered on November 21, 2017. In the alternative, petitioner
alleged that his injuries were caused-in-fact by the vaccination. Petition at 1.
On April 15, 2020, the Secretary of Health and Human Services (“respondent”) filed a
Rule 4(c) Report acknowledging that petitioner sustained an abscess and residual scar that were
caused-in-fact by the flu vaccine he received on November 21, 2017, and indicating that this case
was appropriate for compensation under the terms of the Act. ECF No. 20. However,
respondent denied that petitioner suffered a SIRVA, and respondent requested that entitlement to
compensation for SIRVA be denied. Id. at 1. On April 16, 2020, the Chief Special Master

Case 1:19-vv-00324-UNJ Document 30 Filed 06/26/20 Page 4 of 5
issued a Ruling on Entitlement finding petitioner entitled to compensation for his subcutaneous
abscess and scarring. ECF No. 21.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Steven Vinueza should be awarded $42,500.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). 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 Steven Vinueza 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 following1: a lump sum payment of $42,500.00,
representing compensation for pain and suffering, in the form of a check payable to petitioner,
Steven Vinueza.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Steven Vinueza: $42,500.00
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting 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 lost earnings
and future pain and suffering.
2

Case 1:19-vv-00324-UNJ Document 30 Filed 06/26/20 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: May 19, 2020
3