VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01004
Package ID: USCOURTS-cofc-1_19-vv-01004
Petitioner: Jason Rosenberg
Filed: 2020-12-15
Decided: 2021-02-08
Vaccine: influenza
Vaccination date: 2018-09-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 123943

AI-assisted case summary:
Jason Rosenberg filed a petition for compensation under the National Vaccine Injury Compensation Program on July 15, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 29, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 14, 2020, conceding that Mr. Rosenberg's claim met the Table criteria for SIRVA, was timely filed, and satisfied the statutory severity requirement of suffering residual effects for more than six months post-vaccination. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 15, 2020, finding Mr. Rosenberg entitled to compensation. Subsequently, on February 8, 2021, Chief Special Master Corcoran issued a Decision Awarding Damages. The respondent had proffered an award of $123,943.44, which included $120,000.00 for pain and suffering and $3,943.44 for unreimbursed expenses. Mr. Rosenberg agreed with this proffered award. The decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The public decision does not name petitioner counsel or respondent counsel. The award was granted as a lump sum payment in the form of a check payable to Petitioner.

Theory of causation field:
Petitioner Jason Rosenberg alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 29, 2018. The respondent conceded entitlement, agreeing the claim met the Table criteria for SIRVA, was timely filed, and satisfied the statutory severity requirement. The public text does not detail the specific mechanism of injury, medical experts, or diagnostic findings. The case resulted in a compensated outcome, with a decision awarding damages on February 8, 2021, based on a proffer of $123,943.44 ($120,000.00 for pain and suffering, $3,943.44 for unreimbursed expenses). Chief Special Master Brian H. Corcoran presided over the case. Petitioner counsel was Leah VaSahnja Durant, and respondent counsel was Ryan Daniel Pyles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01004-0
Date issued/filed: 2021-02-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/15/2020) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01004-UNJ Document 38 Filed 02/05/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1004V
UNPUBLISHED
JASON ROSENBERG, Chief Special Master Corcoran
Petitioner, Filed: December 15, 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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On July 15, 2019, Jason Rosenberg 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 suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on
September 29, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 14, 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 has concluded that “[P]etitioner’s claim meets 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-01004-UNJ Document 38 Filed 02/05/21 Page 2 of 2
Table criteria for SIRVA.” Id. at 3. Respondent further agrees that the records show that
the case was timely filed; that the vaccine was received in the United States; and that
Petitioner satisfies the statutory severity requirement by suffering the residual effects or
complications of his injury for more than six months after vaccine administration. 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-01004-1
Date issued/filed: 2021-02-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/15/2020) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01004-UNJ Document 39 Filed 02/08/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1004V
UNPUBLISHED
JASON ROSENBERG, Chief Special Master Corcoran
Petitioner, Filed: December 15, 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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 15, 2019, Jason Rosenberg 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 suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on
September 29, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 14, 2020, Respondent filed a combined Rule 4(c) Report and proffer
on award of compensation (“Rule 4(c) Report and Proffer”) indicating Petitioner should
be awarded $123,943.44. Rule 4(c) Report and Proffer at 4. In the Proffer, Respondent
represented that Petitioner agrees with the proffered award. Id.
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-01004-UNJ Document 39 Filed 02/08/21 Page 2 of 2
On December 15, 2020, a Ruling on Entitlement was issued, finding Petitioner
entitled to compensation for his SIRVA. ECF No. 34.
Pursuant to the terms stated in the combined Rule 4(c) Report and Proffer, I award
Petitioner a lump sum payment of $123,943.44 (representing compensation in the
amount of $120,000.00 for pain and suffering, and $3,943.44 for unreimbursed
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.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