VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00769
Package ID: USCOURTS-cofc-1_19-vv-00769
Petitioner: Yaniris Gonzalez
Filed: 2020-08-26
Decided: 2022-01-06
Vaccine: influenza
Vaccination date: 2016-10-20
Condition: right shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 109997

AI-assisted case summary:
Yaniris Gonzalez filed a petition on August 26, 2020, alleging that she sustained right shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 20, 2016. The respondent conceded entitlement, determining that Ms. Gonzalez satisfied the criteria for a Table injury, specifically SIRVA with onset within forty-eight hours and no apparent alternative cause, and experienced residual effects for more than six months. A ruling on entitlement was issued on August 26, 2020, finding her entitled to compensation. On December 1, 2021, the parties submitted a proffer for award of compensation. The respondent recommended an award of $105,000.00 for pain and suffering and $4,997.27 to satisfy a New York Medicaid lien, totaling $109,997.27. Ms. Gonzalez, identified as a competent adult, agreed with the proffered award. The decision dated January 6, 2022, awarded the compensation as stated in the proffer.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00769-0
Date issued/filed: 2020-09-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/26/2020) 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-00769-UNJ Document 24 Filed 09/29/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-769V
UNPUBLISHED
YANIRIS GONZALEZ, Chief Special Master Corcoran
Petitioner, Filed: August 26, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On May 23, 2019, Yaniris Gonzalez 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 sustained right shoulder injuries related to
vaccine administration (SIRVA) as a result of an influenza (flu) vaccine received on
October 20, 2016. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On August 24, 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 determined that that Petitioner “satisfied the criteria set forth
in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation, which
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-00769-UNJ Document 24 Filed 09/29/20 Page 2 of 2
afford petitioners a presumption of causation if onset of SIRVA occurs within forty-eight
hours after receipt of a seasonal flu vaccination and there is no apparent alternative
cause.” Id. at 4. Respondent also determined that Petitioner experienced the residual
effects of her SIRVA for more than six months. Id. Respondent concluded that Petitioner
“has satisfied all legal prerequisites for compensation under the Act.” Id. Respondent
further agrees that the scope of damages to be awarded is limited to Petitioner’s SIRVA
and its related sequelae only. 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_19-vv-00769-1
Date issued/filed: 2022-01-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/02/2021) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00769-UNJ Document 39 Filed 01/06/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-769V
UNPUBLISHED
YANIRIS GONZALEZ, Chief Special Master Corcoran
Petitioner, Filed: December 2, 2021
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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 23, 2019, Yaniris Gonzalez 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 right shoulder injuries related to
vaccine administration (SIRVA) as a result of an influenza (flu) vaccine received on
October 20, 2016. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On August 26, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On December 1, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $105,000.00 for pain
and suffering and $4,997.27 to satisfy the State of New York Medicaid lien. Proffer at 1.
In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00769-UNJ Document 39 Filed 01/06/22 Page 2 of 5
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 the
following compensation:
1. A lump sum payment of $105,000.00, in the form of a check payable to
Petitioner, Yaniris Gonzalez.
2. A lump sum payment of $4,997.27, representing compensation for
satisfaction of a Medicaid lien, payable jointly to Petitioner and New York
City Human Resources Administration, and mailed to:
New York City
Human Resources Administration
Division of Liens and Recovery
P.O. Box 414799
Boston, MA 02241-4799
This amount represents compensation for all damages that would be available
under Section 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 1:19-vv-00769-UNJ Document 39 Filed 01/06/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
YANIRIS GONZALEZ, )
) No. 19-769V ECF
Petitioner, )
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION
On August 24, 2020, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered 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. Accordingly, on
August 26, 2020, the Chief Special Master issued a Ruling on Entitlement.
I. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $105,000.00 for pain and suffering, in the form of a check payable to petitioner.
Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of New
York Medicaid lien in the amount of $4,997.27, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of New York may have against
any individual as a result of any Medicaid payments the State of New York has made to or on

Case 1:19-vv-00769-UNJ Document 39 Filed 01/06/22 Page 4 of 5
behalf of petitioner from the date of her eligibility for benefits through the date of judgment in
this case as a result of her alleged vaccine-related injury suffered on or about October 20, 2016,
under Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through two lump sum payments described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following: 1
A. A lump sum payment of $105,000.00 in the form of a check payable to petitioner;
and
B. A lump sum payment of $4,997.27, representing compensation for satisfaction of the
State of New York Medicaid lien, in the form of a check payable jointly to petitioner
and:
New York City
Human Resources Administration
Division of Liens and Recovery
P.O. Box 414799
Boston, MA 02241-4799
Petitioner agrees to endorse the check to the New York City Human Resources
Administration for satisfaction of the Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
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 medical
expenses, future pain and suffering, and future lost wages.
2

Case 1:19-vv-00769-UNJ Document 39 Filed 01/06/22 Page 5 of 5
C.SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Alexis B. Babcock
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 616-7678
Email: alexis.babcock@usdoj.gov
Date: December 1, 2021
3