VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00675
Package ID: USCOURTS-cofc-1_20-vv-00675
Petitioner: Cristhian Berrios
Filed: 2020-06-03
Decided: 2023-06-06
Vaccine: Tdap
Vaccination date: 2019-04-30
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 24680

AI-assisted case summary:
Cristhian Berrios filed a petition for vaccine compensation alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving the Tetanus-Diphtheria-acellular Pertussis (Tdap) and Measles, Mumps, and Rubella (MMR) vaccines on April 30, 2019. He claimed the injury occurred within the Table timeframe and that he suffered residual effects for more than six months. The respondent denied that the petitioner sustained a SIRVA Table injury or that the vaccines caused his alleged shoulder injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Cristhian Berrios a lump sum of $23,000.00 and an additional $1,680.36 to reimburse a Medicaid lien for services rendered by the Commonwealth of Massachusetts. These amounts represent compensation for all damages available under the Vaccine Act. The case was settled through this stipulation, resolving claims of liability and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00675-0
Date issued/filed: 2023-06-06
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 05/02/2023) regarding 50 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-00675-UNJ Document 56 Filed 06/06/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0675V
UNPUBLISHED
CRISTHIAN BERRIOS, Chief Special Master Corcoran
Petitioner, Filed: May 2, 2023
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; MMR
HUMAN SERVICES, Vaccine; Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for
Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 3, 2020, Cristhian Berrios 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 as a result of receiving the Tdap and MMR
vaccines, he suffered a shoulder injury related to vaccine administration (“SIRVA”) within
the Table timeframe. Petition at 1; Stipulation, filed at April 26, 2023, ¶4. Petitioner further
alleges that he suffered the residual effects of his alleged injury for more than six months.
Petition at 3-4; Stipulation at ¶ 4. Respondent denies “that petitioner sustained a SIRVA
Table injury; denies that the Tdap or MMR vaccines caused petitioner’s alleged shoulder
injury, or any other injury; and denies that his current condition is a sequelae of a vaccine-
related injury.” Stipulation at ¶ 6.
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-00675-UNJ Document 56 Filed 06/06/23 Page 2 of 8
Nevertheless, on April 26, 2023, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A. A lump sum of $23,000.00, in the form of a check payable to Petitioner,
and
B. A lump sum of $1,680.36, representing reimbursement of a Medicaid lien
for services rendered to petitioner by the Commonwealth of
Massachusetts, in the form of a check payable jointly to petitioner and
the Commonwealth of Massachusetts – CRU:
Commonwealth of MA
Casualty Recovery
P.O. Box 417811
Boston, MA 02241-7811
Stipulation at ¶ 8. These amounts represent compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of 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-00675-UNJ Document 56 Filed 06/06/23 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CRISTlllAN BERRIOS, )
)
)
Petitioner, )
) No. 20-675V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALT B AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Cristhian Berrios ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for an injury allegedly related to petitioner's receipt
of the Tetanus-Diphtheria-acellular Pertussis ("Tdap") and Measles, Mumps, and Rubella
("MMR") vaccines, which are contained in the Vaccine Injury Table (the "Table"), 42 C.F .R. §
J00.3(a).
2. Petitioner received the Tdap and MMR vaccines on April 30, 2019.
3. The vaccines were administered in the United States.
4. Petitioner alleges that as a result of receiving the Tdap and MMR vaccines, he
suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") within the Table
timeframe. He further alleges that he suffered the residual effects of his alleged injury for more
than six months.
l of2

Case 1:20-vv-00675-UNJ Document 56 Filed 06/06/23 Page 4 of 8
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of his alleged condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
Tdap or MMR vaccines caused petitioner's alleged shoulder injury, or any other injury; and
denies that his current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
A. A lump sum of $23,000.00, in the form of a check payable to petitioner; and
B. A lump sum of $1,680.36, 1 representing reimbursement of a Medicaid lien for
services rendered to petitioner by the Commonwealth of Massachusetts, in the
form of a check payable jointly to petitioner and the Commonwealth of
Massachusetts -CRU:
Commonwealth of MA
Casualty Recovery
P.O. Box 41781 l
Boston, MA 02241-781 l
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the Commonwealth of Massachusetts may have against any individual as a resu It
of any Medicaid payments the Commonwealth of Massachusetts has made to or on behalf of
Cristhian Berrios as a result of his alleged vaccine-related injury suffered on or about April 30,
2019, under Title XIX of the Social Security Act, ~42 U.S.C. § 300aa-15(g), (h).

Case 1:20-vv-00675-UNJ Document 56 Filed 06/06/23 Page 5 of 8
Petitioner agrees to endorse this check to the Commonwealth of Massachusetts. These
amounts represent compensation for all damages that would be available under 42 U.S.C. §
300aa-l 5(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2 l(aXJ) and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and his attorney represent that they have identified to respondent all known
sources of payment for items or services for which the Program is not primarily liable under 42
U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, Federal or State
health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et
seq.)), or entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15{i), subject to the
availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraph 8, and any amount awarded
pursuant to paragraph 9, petitioner, in his individual capacity, and on behalf of his heirs,
3

Case 1:20-vv-00675-UNJ Document 56 Filed 06/06/23 Page 6 of 8
executors, administrators, successors, or assigns, does forever irrevocably and unconditionally
release, acquit and discharge the United States and the Secretary of Health and Human Services
from any and all actions or causes of action (including agreements, judgments, claims, damages,
Joss of services, expenses and all demands of whatever kind or nature) that have been brought,
could have been brought, or could be timely brought in the Court of Federal Claims, under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 et seq., on account of, or
in any way growing out of, any and all known or unknown, suspected or unsuspected personal
injuries to or death of petitioner resulting from, or alleged to have resulted from the Tdap or
MMR vaccine administered on April 30, 2019, as alleged in a Petition filed on June 3, 2020, in
the United States Court of Federal Claims as petition No. 20-675V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice of the Court on behalf ofe ither or both of the parties.
15. If the special master fails to issue a decision in complete confonnity with the tenns
of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
conformity with a decision that is in complete conformity with the tenns of this Stipulation, then
the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
4

Case 1:20-vv-00675-UNJ Document 56 Filed 06/06/23 Page 7 of 8
items of compensation sought, is not grounds to modify or reyise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that either the Tdap or MMR vaccine caused
petitioner's alleged shoulder injury, or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
5

Case 1:20-vv-00675-UNJ Document 56 Filed 06/06/23 Page 8 of 8
RespectfuJly submitted,
CRISTH
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~ e ~ -
&~llVJwf~
7J
GLEN H. sR TEVANT, JR. ~ HEA THER L. PEARLMAN
Rawls Law Group Deputy Director
211 Rocketts Way, Suite 100 Torts Branch
Richmond, VA 23231 Civil Division
Telephone: (804) 622-0675 U.S. Department of Justice
Email: gsturtevant@rawJslawgroup.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. ~
OigitaltyslgnedbyGeorgeR.
Grlmes•S14
Grimes -S14
0~20n.04.1411:20:4s-04•0()'
iroNAwAE.KosH
CDR GEORGE REED GRIMES, M.D.t MPH
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin FrankJin Station
and Human Services Washington, DC 20044-0 t 46
5600 Fishers Lane, 08N 1468 ronalda.kosh@usdoj.gov
Rockville, MD 20857 (202) 616-4476
4/ ~/
~
Dated:
6