VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01617
Package ID: USCOURTS-cofc-1_19-vv-01617
Petitioner: Christa Cardenas
Filed: 2021-04-27
Decided: 2021-06-09
Vaccine: influenza
Vaccination date: 2018-10-31
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 58040

AI-assisted case summary:
Christa Cardenas filed a petition for compensation under the National Vaccine Injury Compensation Program on April 27, 2021, alleging that she suffered shoulder injuries as a result of an influenza vaccine administered on October 31, 2018. The case was assigned to the Special Processing Unit. Respondent conceded that Petitioner is entitled to compensation, concluding that she meets the criteria for a presumed Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table and that the statutory six-month sequela requirement has been satisfied. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, on May 10, 2021, Respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $58,039.67. This amount includes $55,000.00 for pain and suffering, $506.34 for lost wages, $2,213.00 for unreimbursable medical expenses, and $320.33 to satisfy a Texas Medicaid lien. Petitioner agreed with this proffered award. The Chief Special Master awarded the total sum of $58,040, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01617-0
Date issued/filed: 2021-05-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/27/2021) 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-01617-UNJ Document 41 Filed 05/28/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1617V
UNPUBLISHED
CHRISTA CARDENAS, Chief Special Master Corcoran
Petitioner, Filed: April 27, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 16, 2019, Christa Cardenas 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 shoulder injuries as a result of an
influenza vaccine administered on October 31, 2018. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 27, 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 concludes that Petitioner “meets the criteria for a presumed
[Shoulder Injury Related to Vaccine Administration], as defined 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-01617-UNJ Document 41 Filed 05/28/21 Page 2 of 2
Table.” Id. at 3. Respondent further agrees that the statutory six-month sequela
requirement has been satisfied. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-01617-1
Date issued/filed: 2021-06-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/10/2021) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01617-UNJ Document 44 Filed 06/09/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1617V
UNPUBLISHED
CHRISTA CARDENAS, Chief Special Master Corcoran
Petitioner, Filed: May 10, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 16, 2019, Christa Cardenas 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 shoulder injuries as a result of an
influenza vaccine administered on October 31, 2018. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 27, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a Shoulder Injury Related to Vaccine Administration. On May 10, 2021,
Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner
should be awarded $58,039.67. Proffer at 1-2. 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.
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-01617-UNJ Document 44 Filed 06/09/21 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner:
• A lump sum payment of $57,719.34 (representing compensation in the
amount of $55,000.00 for pain and suffering, $506.34 for lost wages, and
$2,213.00 for unreimbursable medical expenses).
• A lump sum payment of $320.33 representing compensation for
satisfaction of the Texas Medicaid & Healthcare Partnership lien, payable
jointly to Petitioner and
TMHP TPL-Tort Department
Attn: Tort Receivables
P.O. Box 202948
Austin, TX 78720-2948
Case number: 999992535304240
Petitioner agrees to endorse this check to TMHP TPL-Tort Department.
These amounts represent 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-01617-UNJ Document 44 Filed 06/09/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CHRISTA CARDENAS, )
)
Petitioner, )
)
v. ) No. 19-1617V
) Chief Special Master Brian Corcoran
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 27, 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 April 27, 2021, the Chief Special Master issued a Ruling on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $55,000.00 for pain and suffering,
$506.34 for lost wages, $2,213.00 for unreimbursable medical expenses, and $320.33 to satisfy a
Medicaid lien asserted by Texas Medicaid & Healthcare Partnership. 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
Respondent recommends that the compensation provided to petitioner should be made in
the form of two lump sum payments:

Case 1:19-vv-01617-UNJ Document 44 Filed 06/09/21 Page 4 of 5
A. A lump sum payment of $57,719.34, representing compensation for pain and
suffering, lost wages, and unreimbursable medical expenses, in the form of a check
payable to petitioner.1
B. A lump sum payment of $320.33 representing compensation for satisfaction of the
Texas Medicaid & Healthcare Partnership lien, payable jointly to petitioner and
TMHP TPL-Tort Department
Attn: Tort Receivables
P.O. Box 202948
Austin, TX 78720-2948
Case number: 999992535304240
Petitioner agrees to endorse this check to TMHP TPL-Tort Department.
These payments represent all elements of compensation to which petitioner is 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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
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.
2

Case 1:19-vv-01617-UNJ Document 44 Filed 06/09/21 Page 5 of 5
s/ LARA A. ENGLUND
LARA A. ENGLUND
Assistant Director
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: May 10, 2021
3