VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01418
Package ID: USCOURTS-cofc-1_19-vv-01418
Petitioner: Jesus Garcia
Filed: 2021-02-25
Decided: 2021-03-30
Vaccine: influenza
Vaccination date: 2017-12-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Jesus Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on September 16, 2019, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on December 1, 2017. Mr. Garcia alleged that his SIRVA met the Table definition or was caused-in-fact by the vaccine. He further stated that he received the vaccination in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation for his alleged injury. The case was assigned to the Special Processing Unit. On February 25, 2021, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Mr. Garcia's claim met the Table criteria for SIRVA and was entitled to a presumption of vaccine causation. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement finding Mr. Garcia entitled to compensation. Subsequently, on March 30, 2021, Chief Special Master Corcoran issued a Decision Awarding Damages. The Respondent's Rule 4(c) Report and Proffer had indicated that Mr. Garcia should be awarded $45,000.00 for past pain and suffering, and Mr. Garcia agreed with this proffered award. The decision awarded Mr. Garcia a lump sum payment of $45,000.00, payable by check to Petitioner, representing compensation for his actual pain and suffering and all damages available under § 15(a). Petitioner's counsel was John Robert Howie of Howie Law, PC. Respondent's counsel was Emilie Williams of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond the general description of SIRVA.

Theory of causation field:
Petitioner Jesus Garcia filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on December 1, 2017. The petition alleged the injury met the Table definition for SIRVA or was caused-in-fact by the vaccine. Respondent conceded that the claim met the Table criteria for SIRVA and was entitled to a presumption of vaccine causation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement based on this concession. A subsequent decision awarded Petitioner a lump sum of $45,000.00 for actual pain and suffering. The public text does not name specific medical experts or detail the medical mechanism of injury beyond the SIRVA classification. Petitioner was represented by John Robert Howie, and Respondent by Emilie Williams. The decision date was March 30, 2021.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01418-0
Date issued/filed: 2021-03-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/25/2021) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01418-UNJ Document 28 Filed 03/29/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1418V
UNPUBLISHED
JESUS GARCIA, Chief Special Master Corcoran
Petitioner, Filed: February 25, 2021
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)
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On September 16, 2019, Jesus Garcia 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”), which meets the Table definition for SIRVA, or, in the
alternative, was caused-in-fact by the influenza vaccine he received on December 1,
2017. Petition at 1 ¶¶ 1, 38. Petitioner further alleges that he received the vaccination in
the United States, suffered the residual effects of his SIRVA for more than six months,
and that he has not filed a civil action or received an award or settlement for his SIRVA,
alleged as vaccine-caused. Id. at ¶¶ 1, 36-37. 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-01418-UNJ Document 28 Filed 03/29/21 Page 2 of 2
On February 25, 2021, Respondent filed a Rule 4(c) Report3 in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
and Proffer at 1. Specifically, Respondent “has concluded that [P]etitioner’s claim meets
the Table criteria for SIRVA . . . [and] is entitled to a presumption of vaccine causation.”
Id. at 3-4.
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
3 Respondent filed a combined Rule 4 Report and Proffer. ECF No. 22. A Decision Awarding Damages
based upon the Proffer also will be issued today.
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01418-1
Date issued/filed: 2021-03-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/25/2021) regarding 24 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01418-UNJ Document 29 Filed 03/30/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1418V
UNPUBLISHED
JESUS GARCIA, Chief Special Master Corcoran
Petitioner, Filed: February 25, 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)
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 16, 2019, Jesus Garcia 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”), which meets the Table definition for SIRVA, or, in the
alternative, was caused-in-fact by the influenza vaccine he received on December 1,
2017. Petition at 1 ¶¶ 1, 38. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On February 25, 2021, Respondent filed a combined Rule 4(c) Report and Proffer
(“Rule 4 Report and Proffer”) conceding entitlement and indicating Petitioner should be
awarded $45,000.00 representing compensation for his past pain and suffering. Rule 4
Report and Proffer at 4, ECF No. 22. On February 25, 2021, I issued a ruling on
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-01418-UNJ Document 29 Filed 03/30/21 Page 2 of 2
entitlement, finding Petitioner entitled to compensation for her SIRVA. ECF No. 23.
Respondent represented that Petitioner agrees with the proffered award. Rule 4 Report
and Proffer at 4, ECF No. 22. 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 combined Rule 4 Report and Proffer,3 I award
Petitioner a lump sum payment of $45,000.00 representing compensation for his
actual 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 Because the combined Rule 4 report and proffer contains information regarding Petitioner’s personal
medical history which is not generally included in a proffer, when separately filed, I will not attach the
proffer to the decision in this case.
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