VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01352
Package ID: USCOURTS-cofc-1_19-vv-01352
Petitioner: Andres Delreal
Filed: 2019-09-05
Decided: 2021-04-06
Vaccine: Tdap
Vaccination date: 2018-06-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Andres Delreal filed a petition for compensation on September 5, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) and disability caused-in-fact by a tetanus-diphtheria (Td) vaccine he received on June 7, 2018. The case was assigned to the Special Processing Unit. On February 23, 2021, the respondent filed a Rule 4(c) report conceding that Mr. Delreal was entitled to compensation, agreeing that he met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table. A ruling on entitlement was issued on February 23, 2021, by Chief Special Master Brian H. Corcoran. Subsequently, on March 4, 2021, the respondent filed a proffer recommending an award of $45,000.00 for all elements of compensation, which Mr. Delreal agreed to. The decision awarding damages was issued on April 6, 2021, by Chief Special Master Brian H. Corcoran, granting a lump sum payment of $45,000.00 to Mr. Delreal, payable to Petitioner. Petitioner was represented by Jerome A. Konkel of Samster, Konkel & Safran, S.C., and respondent was represented by Lara Ann Englund of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury is not detailed in the public decision, other than it being a presumed SIRVA under the Vaccine Injury Table.

Theory of causation field:
Petitioner Andres Delreal alleged a shoulder injury related to vaccine administration (SIRVA) and disability caused-in-fact by a tetanus-diphtheria (Td) vaccine received on June 7, 2018. The respondent conceded entitlement, agreeing that Petitioner met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table. The public text does not detail specific medical experts, clinical findings, or the precise mechanism of injury beyond the presumption under the Table. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on February 23, 2021, and the decision awarding damages on April 6, 2021. Petitioner was represented by Jerome A. Konkel, and respondent by Lara Ann Englund. The award was a lump sum of $45,000.00 for all elements of compensation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01352-0
Date issued/filed: 2021-03-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/23/2021) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01352-UNJ Document 34 Filed 03/29/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1352V
UNPUBLISHED
ANDRES DELREAL, Chief Special Master Corcoran
Petitioner, Filed: February 23, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus Diphtheria (Td)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On September 5, 2019, Andres Delreal 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”) and disability caused-in-fact by the tetanus-diptheria vaccine he
received on June 7, 2018. Petition at 1, ¶¶ 2, 14. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 23, 2021, 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 compensation is appropriate because
[P]etitioner meets the criteria for a presumed SIRVA, as defnied by the Vaccine Injury
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-01352-UNJ Document 34 Filed 03/29/21 Page 2 of 2
Table.” Id. at 3. Respondent further agrees that “based on the current record, [P]etitioner
has satisfied all legal prerequisites for compensation under the Act.” Id. at 4.
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-01352-1
Date issued/filed: 2021-04-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/04/2021) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01352-UNJ Document 35 Filed 04/06/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1352V
UNPUBLISHED
ANDRES DELREAL, Chief Special Master Corcoran
Petitioner, Filed: March 4, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria (Td) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 5, 2019, Andres Delreal 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”) and disability caused-in-fact by the tetanus-diptheria vaccine he
received on June 7, 2018. Petition at 1, ¶¶ 2, 14. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 23, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On March 4, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $45,000.00
“for all elements of compensation to which [P]etitioner is entitled.” Proffer at 1. 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-01352-UNJ Document 35 Filed 04/06/21 Page 2 of 4
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 $45,000.00, representing all compensation, 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-01352-UNJ Document 35 Filed 04/06/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ANDRES DELREAL, )
)
Petitioner, )
)
v. ) No. 19-1352V
) Chief Special Master Brian Corcoran
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 23, 2021, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) within the
Table timeframe following an influenza vaccination, which was compensable under the National
Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34. Accordingly,
on February 23, 2021, the Chief Special Master issued a Ruling on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $45,000.00 for all elements of
compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $45,000.00 in the form of a check payable to petitioner.1 This
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.

Case 1:19-vv-01352-UNJ Document 35 Filed 04/06/21 Page 4 of 4
lump sum payment represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
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) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: March 4, 2021
2