VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00394
Package ID: USCOURTS-cofc-1_20-vv-00394
Petitioner: Anastacia Salcedo
Filed: 2021-10-06
Decided: 2022-02-09
Vaccine: influenza
Vaccination date: 2018-10-23
Condition: right-sided shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Anastacia Salcedo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on October 23, 2018, and subsequently suffered a right-sided shoulder injury related to vaccine administration (SIRVA). The injury reportedly continued for more than six months. The respondent conceded entitlement to compensation, stating that Ms. Salcedo had no prior history of shoulder issues, that her pain and reduced range of motion began within 48 hours of the vaccination, were limited to the injection site, and that no other condition explained her symptoms. The respondent also agreed that the injury's effects persisted for over six months. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Salcedo entitled to compensation. Subsequently, the parties submitted a proffer agreement. The respondent recommended an award of $45,000.00 for pain and suffering, which Ms. Salcedo agreed to. The court awarded Ms. Salcedo a lump sum of $45,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00394-0
Date issued/filed: 2021-11-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/06/2021) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00394-UNJ Document 32 Filed 11/09/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0394V
UNPUBLISHED
ANASTACIA SALCEDO, Chief Special Master Corcoran
Petitioner, Filed: October 6, 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)
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for
Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 6, 2020, Anastacia Salcedo 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 received an influenza (“flu”) vaccine on October
23, 2018, and thereafter suffered a right-sided shoulder injury related to vaccine
administration. Petition at 1. Petitioner further alleges that her injury continued for more
than six months. Petition at 4. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On October 6, 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 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00394-UNJ Document 32 Filed 11/09/21 Page 2 of 2
1. Specifically, Respondent states that “petitioner had no apparent recent history of pain,
inflammation or dysfunction of the affected shoulder prior to intramuscular vaccine
administration that would explain the alleged signs, symptoms, examination findings,
and/or diagnostic studies occurring after vaccine injection; she more likely than not
suffered the onset of pain within forty-eight hours of vaccine administration; her pain and
reduced range of motion were limited to the shoulder in which the intramuscular vaccine
was administered; and there is no other condition or abnormality present that would
explain petitioner’s symptoms.” Id. at 4. Respondent further agrees that Petitioner has
satisfied the statutory requirement by suffering the residual effects or complications of her
injury for more than six months after vaccine administration. 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_20-vv-00394-1
Date issued/filed: 2022-02-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/10/2022) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00394-UNJ Document 40 Filed 02/09/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0394V
UNPUBLISHED
ANASTACIA SALCEDO, Chief Special Master Corcoran
Petitioner, Filed: January 10, 2022
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)
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for
Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 6, 2020, Anastacia Salcedo 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 received an influenza (“flu”) vaccine on
October 23, 2018, and thereafter suffered a right-sided shoulder injury related to
vaccine administration. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On October 6, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On January 10, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded a total of $45,000.00,
for pain and suffering. Proffer at 2. In the Proffer, Respondent represented that Petitioner
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 1:20-vv-00394-UNJ Document 40 Filed 02/09/22 Page 2 of 5
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 $45,000.00, (for 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.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 1:20-vv-00394-UNJ Document 40 Filed 02/09/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ANASTACIA SALCEDO, ) No. 20-394V
) Chief Special Master Brian H. Corcoran
Petitioner, ) ECF
)
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 6, 2021, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. The same day, Chief Special Master Corcoran
issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for
her Shoulder Injury Related to Vaccine Administration (“SIRVA”) and related sequela.
I. Amount of Compensation
Respondent now proffers that, based on the Chief Special Master’s entitlement decision
and the evidence of record, petitioner should be awarded $45,000.00, for pain and suffering.
This amount represents all elements of compensation to which petitioner would be entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.
1

Case 1:20-vv-00394-UNJ Document 40 Filed 02/09/22 Page 4 of 5
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made as
described below, and request that the Chief Special Master’s damages decision and the Court’s
judgment award the following: 1
A. Petitioner’s Damages
Respondent recommends that the compensation provided to petitioner should be made
through:
a lump sum of $45,000.00, in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
Petitioner agrees.
B. Guardianship
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
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 1:20-vv-00394-UNJ Document 40 Filed 02/09/22 Page 5 of 5
/s/ Kyle E. Pozza_____________
KYLE E. POZZA
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) 616-3661
E-mail: Kyle.Pozza@usdoj.gov
Dated: January 10, 2022
3