VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01294
Package ID: USCOURTS-cofc-1_20-vv-01294
Petitioner: Alejandra Fajardo
Filed: 2020-09-30
Decided: 2022-12-15
Vaccine: influenza
Vaccination date: 2018-11-09
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 129558.4

AI-assisted case summary:
Alejandra Fajardo filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on November 9, 2018. She stated that she received the vaccine in the United States, suffered residual effects for more than six months, and had filed no lawsuits. Respondent conceded that Petitioner was entitled to compensation, agreeing that she had no prior history of shoulder issues, that her pain and reduced range of motion were limited to the injection shoulder, and that her symptoms began within 48 hours of vaccination. The Respondent also confirmed that the case was timely filed, the vaccine was received in the U.S., and Petitioner met the statutory severity requirement. The Chief Special Master issued a ruling on entitlement on March 14, 2022, finding Petitioner entitled to compensation. Subsequently, on November 14, 2022, Respondent filed a proffer on award of compensation, recommending a total award of $127,383.10 in pain and suffering, past unreimbursable expenses, and lost wages, plus an additional $2,175.29 for past unreimbursable vaccine-related expenses payable jointly to Petitioner and Link Revenue Resources. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding damages on December 15, 2022, totaling $129,558.40.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01294-0
Date issued/filed: 2022-04-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/14/2022) regarding 45 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01294-UNJ Document 52 Filed 04/15/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1294V
UNPUBLISHED
ALEJANDRA FAJARDO, Chief Special Master Corcoran
Petitioner, Filed: March 14, 2022
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.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 30, 2020, Alejandro Fajardo 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 a left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on November
9, 2018. Petition at 1-2. Petitioner further alleges she received the flu vaccine in the United
States, she suffered the residual effects of her injury for more than six months, and no
lawsuits have been filed or settlements or awards accepted by anyone, including
Petitioner, due to her vaccine-related injury. Petition at ¶¶ 17-19. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:20-vv-01294-UNJ Document 52 Filed 04/15/22 Page 2 of 2
On March 11, 2022, 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 agrees that “petitioner had no apparent 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 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 9. Respondent further agrees that “the records show that the case was
timely filed, that the vaccine was received in the United States, and that petitioner satisfies
the statutory severity requirement by suffering the residual effects or complications of the
injury for more than six months after vaccine administration,” and that Petitioner avers
that no lawsuits haven filed or settlements or awards accepted for Petitioner’s vaccine-
related injury. Id. at 9-10.
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-01294-1
Date issued/filed: 2022-12-15
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/14/2022 ) regarding 61 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01294-UNJ Document 65 Filed 12/15/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1294V
UNPUBLISHED
ALEJANDRA FAJARDO, Chief Special Master Corcoran
Petitioner, Filed: November 14, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 30, 2020, Alejandro Fajardo 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 a left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on November
9, 2018. Petition at 1-2. Petitioner further alleges she received the flu vaccine in the United
States, she suffered the residual effects of her injury for more than six months, and no
lawsuits have been filed or settlements or awards accepted by anyone, including
Petitioner, due to her vaccine-related injury. Petition at ¶¶ 17-19. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On March 14, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On November 14, 2022, Respondent filed a proffer on award
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-01294-UNJ Document 65 Filed 12/15/22 Page 2 of 5
of compensation (“Proffer”) indicating Petitioner should be awarded compensation
totaling $117,500.00 in pain and suffering, $6,318.28 in past unreimbursable expenses
(divided as set forth below), and $5,740.11 in lost wages. Proffer at 1-3. 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 the
following:
• A lump sum payment of $127,383.10 (comprised of $117,500.00 in pain and
suffering, $4,142.99 in past unreimbursable expenses, and $5,740.11 in lost
wages) in the form of a check payable to Petitioner; and
• A lump sum payment of $2,175.29 (relating to past unreimbursable vaccine-
related expenses) in the form of a check payable jointly to Petitioner and
Link Revenue Resources
4887 Ronson Ct., Ste. A
San Diego, CA 92111
Petitioner agrees to endorse the check for satisfaction of her debt to Link
Revenue Resources.
These amounts represent compensation for all damages that would be available
under Section 15(a).
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-01294-UNJ Document 65 Filed 12/15/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
ALEJANDRA FAJARDO, )
)
Petitioner, ) No. 20-1294V ECF
)
v. ) Chief Special Master
) Brian H. Corcoran
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 30, 2020, Alejandra Fajardo (“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 a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine she received on November 9, 2018. Petition at 1. On March 11, 2022, 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 March 14, 2022, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 44; ECF No. 45.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $117,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01294-UNJ Document 65 Filed 12/15/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $6,318.28. See 42 U.S.C. § 300aa-
15(a)(1)(B). $2,175.29 of the proffered compensation for past unreimbursable expenses is for
petitioner’s debt incurred for vaccine-related expenses, and a check in this amount should be
made jointly payable to petitioner and Link Revenue Resources.
C. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $5,740.11. 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
two lump sum payments as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following1:
A. A lump sum payment of $127,383.10 in the form of a check payable to petitioner;
and
B. A lump sum payment of $2,175.29 in the form of a check payable jointly to
petitioner and:
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 1:20-vv-01294-UNJ Document 65 Filed 12/15/22 Page 5 of 5
Link Revenue Resources
4887 Ronson Ct., Ste. A
San Diego, CA 92111
Petitioner agrees to endorse the check for satisfaction of her debt to Link Revenue
Resources.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner: $127,383.10
Lump sum payable jointly to petitioner and Link Revenue Resources: $2,175.29
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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: November 14, 2022
3