VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00569
Package ID: USCOURTS-cofc-1_20-vv-00569
Petitioner: Rene Villa
Filed: 2020-05-07
Decided: 2023-05-26
Vaccine: influenza
Vaccination date: 2018-10-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 43000

AI-assisted case summary:
Rene Villa filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he received an influenza vaccine on October 12, 2018, and subsequently suffered a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that Mr. Villa had no prior history of shoulder issues, his pain began within 48 hours of the vaccination, and the symptoms were limited to the injection site. The case proceeded as a Table claim, with the respondent acknowledging that Mr. Villa met all legal prerequisites for compensation. Following the concession of entitlement, the parties were unable to agree on damages. A hearing was held on May 26, 2023, to resolve the dispute. Mr. Villa sought $60,000.00 for pain and suffering, while the respondent recommended $32,500.00. The Special Master awarded Mr. Villa a lump sum of $43,000.00 for his actual pain and suffering, representing compensation for all available damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00569-0
Date issued/filed: 2021-09-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/02/2021) 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-00569-UNJ Document 31 Filed 09/02/21 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0569V
UNPUBLISHED
RENE VILLA, Chief Special Master Corcoran
Petitioner, Filed: August 2, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 7, 2020, Rene Villa 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 received an influenza (“flu”) vaccination on October 13,
2018, and, thereafter, suffered a left-sided shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1-2. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On August 2, 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 states that Petitioner “had no history of pain, inflammation or
dysfunction in his left shoulder; his pain occurred within 48 hours of receipt of an
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 1:20-vv-00569-UNJ Document 31 Filed 09/02/21 Page 2 of 2
intramuscular vaccination; his pain and reduced range of motion were limited to the
shoulder in which the vaccine was administered; and no other condition or abnormality
was identified to explain his symptoms. Id. at 6. Respondent further agrees that the six
month sequela requirement has been satisfied and that Petitioner has therefore satisfied
all legal prerequisites for compensation 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_20-vv-00569-1
Date issued/filed: 2023-07-11
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 05/26/2023) regarding 55 DECISION of Special Master Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-00569-UNJ Document 60 Filed 07/11/23 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-569V
UNPUBLISHED
RENE VILLA, Chief Special Master Corcoran
Petitioner, Filed: May 26, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Decision Awarding Damages; Pain
HUMAN SERVICES, and Suffering; Influenza (Flu)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 7, 2020, Rene Villa 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 a result of receiving an influenza (“flu”) vaccine in his left deltoid on October
12, 2018. Petition at 1-2. The case was assigned to the Special Processing Unit of the
Office of Special Masters. Because the parties could not informally resolve the issue of
damages, they were ordered to file briefs setting forth their respective arguments and
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-00569-UNJ Document 60 Filed 07/11/23 Page 2 of 3
were notified that I would resolve this dispute via an expedited “Motions Day” hearing,
which ultimately took place on May 26, 2023.
Petitioner seeks an award of $60,000.00 in compensation for Petitioner’s actual
pain and suffering Respondent recommends an award of $32,500.00.
After listening to the arguments of both sides, I issued an oral ruling on damages
constituting my findings of fact and conclusions of law, pursuant to Section 12(d)(3)(A),
at the conclusion of the May 26, 2023 hearing. An official recording of the proceeding was
taken by a court reporter, although a transcript has not yet been filed in this matter. I
hereby fully adopt and incorporate that oral ruling as officially recorded. As discussed
during my oral ruling, in another recent decision I discussed at length the legal standard
to be considered in determining damages and prior SIRVA compensation within SPU. I
fully adopt and hereby incorporate my prior discussion in Sections II and III of Winkle v.
Sec’y Health & Human Servs., No. 20-0485V, 2022 WL 221643, at *2-4 (Fed. Cl. Spec.
Mstr. Jan. 11, 2022) to the instant ruling and decision. Additionally, the official recording
of my oral ruling includes my discussion of various comparable cases as well as specific
facts relating to Petitioner’s medical history and experience that further informed my
decision awarding damages herein.
Based on my consideration of the complete record as a whole and for the reasons
discussed in my oral ruling, pursuant to Section 12(d)(3)(A), I find that $43,000.00
represents a fair and appropriate amount of compensation for Petitioner’s actual
pain and suffering.3
Accordingly, I award Petitioner a lump sum payment of $43,000.00, 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
3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Human Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Human Servs., 32 F.3d 552 (Fed. Cir. 1994)).
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

Case 1:20-vv-00569-UNJ Document 60 Filed 07/11/23 Page 3 of 3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3