VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01780
Package ID: USCOURTS-cofc-1_19-vv-01780
Petitioner: Lisa B. Vendiola
Filed: 2019-11-19
Decided: 2021-03-15
Vaccine: influenza
Vaccination date: 2017-04-07
Condition: right upper extremity brachial plexopathy; complex regional pain syndrome (CRPS)
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Lisa B. Vendiola filed a petition on November 19, 2019, alleging that she suffered from a right upper extremity brachial plexopathy, later identified as Complex Regional Pain Syndrome (CRPS), caused by an influenza vaccine she received on April 7, 2017. The respondent conceded that Petitioner's CRPS was caused-in-fact by the flu vaccination and was compensable under the Vaccine Act, even though it did not meet the Table criteria for SIRVA because the injury radiated beyond the shoulder. A ruling on entitlement was issued on November 5, 2020, finding Petitioner entitled to compensation. Subsequently, on February 8, 2021, the respondent filed a proffer recommending an award of $125,000.00, which included $99,785.39 for pain and suffering and $25,214.61 for lost earnings. Petitioner, a competent adult, agreed with the proffered award. A decision awarding damages was issued on March 15, 2021, granting the lump sum payment of $125,000.00 to Lisa B. Vendiola.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01780-0
Date issued/filed: 2020-12-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/05/2020) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01780-UNJ Document 35 Filed 12/09/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1780V
UNPUBLISHED
LISA B. VENDIOLA, Chief Special Master Corcoran
Petitioner, Filed: November 5, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Causation-In-Fact; Influenza (Flu)
Vaccine; Complex Regional Pain
Respondent. Syndrome
Dennis W. Potts, Honolulu, HI, for Petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 19, 2019, Lisa Vendiola 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 from a right upper extremity (“UE”)
brachial plexopathy that was caused by receipt of an influenza (“flu”) vaccine on April 7,
2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On October 30, 2020, 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 states that while “Petitioner does not meet the Table criteria
for a SIRVA because her injury was not limited to the shoulder in which the intramuscular
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-01780-UNJ Document 35 Filed 12/09/20 Page 2 of 2
vaccine was administered, but radiated distally down to her hand, the facts of the case
do support a finding that petitioner more likely than not suffered CRPS [complex regional
pain syndrome], that was caused-in-fact by the administration of the flu vaccination on
April 7, 2017.” Id. at 4-5. Respondent further agrees that “[w]ith respect to other statutory
and jurisdictional issues, the record shows that the case was timely filed, that petitioner
received a vaccine set forth in the Vaccine Injury Table, and that the vaccine was received
in the United States. The evidence also demonstrates that petitioner suffered the effects
or sequelae of her injury for more than six months after vaccine administration.
Accordingly, in light of the information contained in petitioner’s medical records,
respondent has concluded that petitioner’s CRPS is compensable as a ‘caused-in-fact’
injury under the Vaccine Act.” Id.
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-01780-1
Date issued/filed: 2021-03-15
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/08/2021) regarding 38 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01780-UNJ Document 45 Filed 03/15/21 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1780V
UNPUBLISHED
LISA B. VENDIOLA, Chief Special Master Corcoran
Petitioner, Filed: February 8, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Complex
Regional Pain Syndrome
Respondent.
Dennis W. Potts, Honolulu, HI, for Petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 19, 2019, Lisa B. Vendiola 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 from a right upper extremity brachial
plexopathy that was caused by receipt of an influenza (“flu”) vaccine on April 7, 2017.
Petition at 1. Petitioner further alleges that she suffered her vaccine-related injury for more
than six months. Amended Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On November 5, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent
states that while “Petitioner does not meet the Table criteria for a SIRVA because her
injury was not limited to the shoulder in which the intramuscular vaccine was
administered, but radiated distally down to her hand, the facts of the case do support a
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-01780-UNJ Document 45 Filed 03/15/21 Page 2 of 5
finding that petitioner more likely than not suffered CRPS [complex regional pain
syndrome], that was caused-in-fact by the administration of the flu vaccination on April 7,
2017.” Id. at 4-5
On February 8, 2021, Respondent filed a proffer on award of compensation
(“Proffer”) indicating Petitioner should be awarded a total of $125,000.00, consisting of
$99,785.39 in pain and suffering, and $25,214.61 for lost earnings she incurred related
to her vaccine-related injury. Proffer at 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 $125,000.00, (consisting of $99,785.39 in pain and suffering and
$25,214.61 for lost earnings she incurred related to her vaccine-related injury) 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-01780-UNJ Document 45 Filed 03/15/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LISA B. VENDIOLA, )
)
Petitioner, )
) No. 19-1780V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 19, 2019, Lisa B. Vendiola (“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 she suffered from upper brachial plexopathy following
administration of an influenza (“flu”) vaccine she received on April 7, 2017.1 Petition at 1, 4-5.
On October 30, 2020, 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 chronic regional pain syndrome (“CRPS”), and on November 5, 2020, the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 29;
ECF No. 30.
1 Petitioner subsequently amended her petition on July 14, 2020, alleging that she suffered from
shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving the April 7,
2017 flu vaccine.

Case 1:19-vv-01780-UNJ Document 45 Filed 03/15/21 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $99,785.39 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Lost Earnings
Evidence supplied by petitioner documents that she incurred lost earnings related to her
vaccine-related injury. Respondent proffers that petitioner should be awarded lost earnings in
the amount of $25,214.61. 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 following2: a lump sum payment of $125,000.00, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Lisa B. Vendiola: $125,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
2 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 lost earnings
and future pain and suffering.
2

Case 1:19-vv-01780-UNJ Document 45 Filed 03/15/21 Page 5 of 5
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/ Mollie D. Gorney
MOLLIE D. GORNEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4029
mollie.d.gorney@usdoj.gov
DATED: February 8, 2021
3