VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00832
Package ID: USCOURTS-cofc-1_19-vv-00832
Petitioner: Ashlee Rodriguez
Filed: 2019-06-05
Decided: 2021-02-10
Vaccine: influenza
Vaccination date: 2018-10-17
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 129173

AI-assisted case summary:
Ashlee Rodriguez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccination on October 17, 2018. The respondent conceded that Ms. Rodriguez is entitled to compensation, as she satisfied the criteria set forth in the Vaccine Injury Table for SIRVA, with onset less than 48 hours after vaccination and no apparent alternative cause. A ruling on entitlement was issued on October 7, 2020, finding her entitled to compensation. Subsequently, on December 18, 2020, the respondent filed a proffer on award of compensation, agreeing to an award of $129,173.16. This amount includes $125,000.00 for pain and suffering, $3,796.41 for past unreimbursable expenses, and $376.75 for past lost earnings. The decision awarding damages was issued on February 10, 2021, granting the lump sum payment to Ms. Rodriguez.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00832-0
Date issued/filed: 2020-11-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/07/2020) regarding 42 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00832-UNJ Document 45 Filed 11/10/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-832V
UNPUBLISHED
ASHLEE RODRIGUEZ, Chief Special Master Corcoran
Petitioner, Filed: October 7, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On June 5, 2019, Ashlee Rodriguez 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 receiving an influenza (flu) vaccination on October
17, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On October 5, 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 states that it is his position that Petitioner “has satisfied the
criteria set forth in the recently revised Vaccine Injury Table (‘Table’) and the
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-00832-UNJ Document 45 Filed 11/10/20 Page 2 of 2
Qualifications and Aids to Interpretation (‘QAI’), which afford [P]etitioner a presumption of
causation if the onset of SIRVA occurs less than 48 hours after a seasonal flu vaccination
and there is no apparent alternative cause.” Id. at 5. Respondent further agrees that “[t]he
scope of damages to be awarded is limited to [P]etitioner’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-00832-1
Date issued/filed: 2021-02-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/22/2020) regarding 50 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00832-UNJ Document 54 Filed 02/10/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-832V
UNPUBLISHED
ASHLEE RODRIGUEZ, Chief Special Master Corcoran
Petitioner, Filed: December 22, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On June 5, 2019, Ashlee Rodriguez 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 receiving an influenza vaccination on October 17,
2018. Petition at 1. Petitioner further alleges the vaccination was administered in the
United States, she experienced the residual effects of this injury for more than six months,
and there has been no prior award or settlement of a civil action on her behalf as a result
of her condition. Petition at 2. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On October 7, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On December 18, 2020, Respondent filed a proffer on 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:19-vv-00832-UNJ Document 54 Filed 02/10/21 Page 2 of 5
of compensation (“Proffer”) indicating Petitioner should be awarded $129,173.16. 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 $129,173.16 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 1:19-vv-00832-UNJ Document 54 Filed 02/10/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
ASHLEE RODRIGUEZ, )
)
Petitioner, )
) No. 19-832V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 5, 2019, Ashlee Rodriguez (“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 defined in the Vaccine Injury Table, following administration of an influenza
vaccine she received on October 17, 2018. Petition at 1-2. On October 5, 2020, 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 for a SIRVA Table injury, and on
October 7, 2020, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 37; ECF No. 42.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $125,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-00832-UNJ Document 54 Filed 02/10/21 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $3,796.41. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Lost Earnings
The parties agree that based upon the evidence of record, petitioner has suffered a past
loss of earnings as a result of her vaccine-related injury. Therefore, respondent proffers that the
Court should award petitioner a lump sum of $376.75 for her lost earnings as provided under the
Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). 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 petitioner 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 $129,173.16, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Ashlee Rodriguez: $129,173.16
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-00832-UNJ Document 54 Filed 02/10/21 Page 5 of 5
Respectfully submitted,
JEFFREY BOSSERT CLARK
Acting Assistant Attorney General
C.SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior 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) 616-4138
Email: claudia.gangi@usdoj.gov
Dated: December 18, 2020
3