VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01540
Package ID: USCOURTS-cofc-1_20-vv-01540
Petitioner: Margarita Gonzalez-Figueroa
Filed: 2020-11-06
Decided: 2022-11-07
Vaccine: influenza
Vaccination date: 2017-11-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 57500

AI-assisted case summary:
Margarita Gonzalez-Figueroa filed a petition for compensation under the National Vaccine Injury Compensation Program on November 6, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on November 9, 2017. The petition stated that the vaccine was administered within the United States, that the injury's residual effects lasted for more than six months, satisfying the statutory severity requirement, and that no award or settlement had been made for the injury. The case was assigned to the Special Processing Unit. On June 1, 2022, the respondent filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent concluded that the petitioner met the criteria for a SIRVA under the Vaccine Injury Table and its Qualifications and Aids to Interpretation, and also satisfied the statutory requirements for compensation. Based on the respondent's position and the evidence, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 6, 2022, finding the petitioner entitled to compensation. Subsequently, on September 30, 2022, the respondent filed a proffer recommending an award of $57,500.00 for pain and suffering. The petitioner agreed with this proffered amount. On November 7, 2022, Chief Special Master Brian H. Corcoran issued a Decision awarding Margarita Gonzalez-Figueroa a lump sum payment of $57,500.00 for pain and suffering, payable by check to the petitioner. This amount represented all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Hiram Manuel Angueira of Angueira & Associados, LLC. Respondent was represented by Joseph Adam Lewis and later by Lauren Kells of the U.S. Department of Justice.

Theory of causation field:
Petitioner Margarita Gonzalez-Figueroa alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on November 9, 2017. The respondent conceded that this constituted a Table injury and that petitioner met the criteria for compensation. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. Petitioner satisfied the statutory severity requirement of residual effects for more than six months. The case resulted in a stipulation and award. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 6, 2022, finding petitioner entitled to compensation. On November 7, 2022, Chief Special Master Corcoran issued a Decision awarding petitioner a lump sum of $57,500.00 for pain and suffering, based on a proffer agreed to by both parties. Petitioner was represented by Hiram Manuel Angueira and respondent by Joseph Adam Lewis and Lauren Kells.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01540-0
Date issued/filed: 2022-07-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/06/2022) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-01540-UNJ Document 32 Filed 07/08/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1540V
UNPUBLISHED
MARGARITA GONZALEZ-FIGUEROA, Chief Special Master Corcoran
Petitioner, Filed: June 6, 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)
Hiram Manuel Angueira, Angueira & Associados, LLC, San Juan, Puerto Rico, for
Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 6, 2020, Margarita Gonzalez-Figueroa 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 shoulder
injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine
administered on November 9, 2017. Petition at 1. Petitioner further alleges that the
vaccine was administered within the United States, that she satisfied the statutory severity
requirement by suffering the residual effects of her injury for more than six months, and
that there has been no award or settlement for Petitioner’s injury. Petition at 4. 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-01540-UNJ Document 32 Filed 07/08/22 Page 2 of 2
On June 1, 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 has concluded that Petitioner has satisfied the criteria set forth
in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a SIRVA.
Id. at 4. Respondent further agrees that Petitioner satisfied the statutory requirements for
compensation. Id. at 4-5.
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-01540-1
Date issued/filed: 2022-11-07
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/3/2022) regarding 37 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-01540-UNJ Document 41 Filed 11/07/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1540V
UNPUBLISHED
MARGARITA GONZALEZ-FIGUEROA, Chief Special Master Corcoran
Petitioner, Filed: October 3, 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)
Hiram Manuel Angueira, San Juan, PR, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 6, 2020, Margarita Gonzalez-Figueroa 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”) resulting from an influenza vaccine
received on November 9, 2017. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 1, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On September 30, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $57,500.00. Proffer
at 2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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-01540-UNJ Document 41 Filed 11/07/22 Page 2 of 4
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 $57,500.00 (in 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 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-01540-UNJ Document 41 Filed 11/07/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MARGARITA GONZALEZ-FIGUEROA, )
)
Petitioner, )
) No. 20-1540V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 6, 2020, Margarita Gonzalez-Figueroa (“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, 2017. Petition at 1. On June 1, 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 June 6, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 27; ECF No. 28.
I. Item of Compensation
Pain and Suffering
Respondent proffers that petitioner should be awarded $57,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:20-vv-01540-UNJ Document 41 Filed 11/07/22 Page 4 of 4
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 following1: a lump sum payment of $57,500.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Margarita Gonzalez-Figueroa: $57,500.00
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Lauren Kells
LAUREN KELLS
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) 616-4187
DATED: September 30, 2022 Email: Lauren.Kells@usdoj.gov
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 lost earnings
and future pain and suffering.
2