VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01549
Package ID: USCOURTS-cofc-1_19-vv-01549
Petitioner: Alyson Guerriero
Filed: 2021-08-17
Decided: 2021-09-20
Vaccine: influenza
Vaccination date: 2016-10-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 62500

AI-assisted case summary:
Alyson Guerriero filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on October 5, 2016. She stated that she received the vaccine in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation. The case was assigned to the Special Processing Unit. Respondent filed a combined Rule 4(c) Report and Proffer, conceding that Petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation. Based on the Respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. Subsequently, the parties agreed to a proffer of $62,500.00 for pain and suffering. The court awarded this lump sum payment to Petitioner, representing compensation for all damages available under Section 15(a).

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01549-0
Date issued/filed: 2021-09-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/17/2021) regarding 40 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01549-UNJ Document 42 Filed 09/17/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1549V
UNPUBLISHED
ALYSON GUERRIERO, Chief Special Master Corcoran
Petitioner, Filed: August 17, 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)
Phyllis Widman, Widman Law Firm, LLC, Northfield, NJ, for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 4, 2019, Alyson Guerriero 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”) caused-in-fact by the influenza vaccine she received on October
5, 2016. Petition at 1, ¶¶ 2, 10. Petitioner further alleges that she received the vaccine
alleged as causal in the United States, that she suffered the residual effects of her SIRVA
for more than six months, and that neither she nor any other party has filed a civil action
or received compensation for her SIRVA. Id. at ¶¶ 2, 11-12. 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-01549-UNJ Document 42 Filed 09/17/21 Page 2 of 2
On August 17, 2021, Respondent filed a combined Rule 4(c) Report and Proffer 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 Table criteria for SIRVA.” Id. at 7.
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-01549-1
Date issued/filed: 2021-09-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/17/2021) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01549-UNJ Document 44 Filed 09/20/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1549V
UNPUBLISHED
ALYSON GUERRIERO, Chief Special Master Corcoran
Petitioner, Filed: August 17, 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)
Phyllis Widman, Widman Law Firm, LLC, Northfield, NJ, for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 4, 2019, Alyson Guerriero 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”) caused-in-fact by the influenza vaccine she received on October
5, 2016. Petition at 1, ¶¶ 2, 10. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On August 17, 2021, Respondent filed a combined Rule 4(c) Report and Proffer
(“Rule 4(c) Report and Proffer”) conceding entitlement and indicating Petitioner should be
awarded $62,500.00, representing compensation for her pain and suffering. Rule 4(c)
Report and Proffer at 8. On August 17, 2021, I issued a ruling on entitlement, finding
Petitioner entitled to compensation for her SIRVA. Respondent represented that
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-01549-UNJ Document 44 Filed 09/20/21 Page 2 of 2
Petitioner agrees with the proffered award. Rule 4(c) Report and Proffer at 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 combined Rule 4(c) Report and Proffer,3 I
award Petitioner a lump sum payment of $62,500.00, representing compensation
for her pain and suffering in the form of a check payable to Petitioner. 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Because the combined Rule 4(c) 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