VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01746
Package ID: USCOURTS-cofc-1_19-vv-01746
Petitioner: Michael Eiras
Filed: 2019-11-12
Decided: 2022-01-24
Vaccine: influenza
Vaccination date: 2018-02-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 87105

AI-assisted case summary:
Michael Eiras filed a petition for compensation under the National Vaccine Injury Compensation Program on November 12, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on February 2, 2018. The respondent conceded that Mr. Eiras's medical course was consistent with SIRVA as defined by the Vaccine Injury Table and that he satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on June 22, 2021, finding Mr. Eiras entitled to compensation. Subsequently, on December 21, 2021, the respondent filed a proffer on award of compensation. The parties agreed to an award of $87,105.79, which included $77,500.00 for pain and suffering, $830.00 for past unreimbursable expenses, and $8,775.79 for past lost wages. The Chief Special Master issued a decision awarding damages on January 24, 2022, in the agreed-upon amount.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01746-0
Date issued/filed: 2021-07-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/22/2021) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01746-UNJ Document 26 Filed 07/28/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1746V
UNPUBLISHED
MICHAEL EIRAS, Chief Special Master Corcoran
Petitioner, Filed: June 22, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 12, 2019, Michael Eiras 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 defined on the Vaccine Injury Table or, in the alternative, was
caused-in-fact by the influenza vaccine he received on February 2, 2018. Petition at 1, ¶¶
2, 25. Petitioner further alleges that he received the influenza vaccine in the United States,
that he suffered the residual effects of his SIRVA for more than six months, and that
neither he nor any other party has filed a civil action or received compensation for his
SIRVA. Id. at ¶¶ 2, 25-27. 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-01746-UNJ Document 26 Filed 07/28/21 Page 2 of 2
On June 18, 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.
ECF No. 32. Specifically, Respondent “has determined that [P]etitioner’s medical course
is consistent with a shoulder injury related to vaccine administration (“SIRVA”) as defined
by the Vaccine Injury Table.” Id. at 4. Respondent further agrees that “based on the record
as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under
the Act.” Id. at 5.
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-01746-1
Date issued/filed: 2022-01-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/22/2021) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01746-UNJ Document 36 Filed 01/24/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1746V
UNPUBLISHED
MICHAEL EIRAS, Chief Special Master Corcoran
Petitioner, Filed: December 22, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 12, 2019, Michael Eiras 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 defined on the Vaccine Injury Table or, in the alternative, was
caused-in-fact by the influenza vaccine he received on February 2, 2018. Petition at 1, ¶¶
2, 25. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On June 22, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for his SIRVA. On December 21, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $87,105.79,
representing compensation in the amounts of $77,500.00 for his pain and suffering,
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-01746-UNJ Document 36 Filed 01/24/22 Page 2 of 5
$830.00 for his past unreimbursable expenses, and $8,775.79 for his past lost wages.
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $87,105.79, representing compensation in the amounts of
$77,500.00 for his pain and suffering, $830.00 for his actual unreimbursable
expenses, and $8,775.79 for his actual lost wages 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.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-01746-UNJ Document 36 Filed 01/24/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
MICHAEL EIRAS, )
)
Petitioner, ) No. 19-1746V ECF
)
v. ) Chief Special Master
) Brian H. Corcoran
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 12, 2019, Michael Eiras (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that he suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine he received on February 2, 2018. Petition at 1. On June 18, 2018, the
Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that
this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury,
and on June 22, 2018, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 23; ECF No. 24.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $77,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-01746-UNJ Document 36 Filed 01/24/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $830.00. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that he incurred past lost wages related to his
vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in
the amount of $8,775.79. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
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
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $87,105.79, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Michael Eiras: $87,105.79
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:19-vv-01746-UNJ Document 36 Filed 01/24/22 Page 5 of 5
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Emilie F. Williams
EMILIE F. WILLIAMS
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) 305-0124
Emilie.williams@usdoj.gov
DATED: December 21, 2021
3