VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01830
Package ID: USCOURTS-cofc-1_20-vv-01830
Petitioner: Christina Ramirez
Filed: 2020-12-11
Decided: 2022-11-29
Vaccine: influenza
Vaccination date: 2018-10-03
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Christina Ramirez filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2020, alleging that she suffered a Table injury, Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of her influenza vaccination on October 3, 2018. She further alleged that she suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Ramirez is entitled to compensation, as her injury satisfied the criteria for SIRVA on the Vaccine Injury Table. The respondent also confirmed that the case met other statutory and jurisdictional requirements, including timely filing and suffering residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Ramirez entitled to compensation. Subsequently, on October 18, 2022, the respondent filed a proffer on award of compensation, proposing an award of $70,000.00 for all damages, including pain and suffering. Ms. Ramirez, identified as a competent adult, agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Ramirez a lump sum payment of $70,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01830-0
Date issued/filed: 2022-10-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/30/2022) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01830-UNJ Document 40 Filed 10/31/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1830V
UNPUBLISHED
CHRISTINA RAMIREZ, Chief Special Master Corcoran
Petitioner, Filed: September 30, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 11, 2020, Christina Ramirez 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 Table injury – Shoulder Injury
Related to Vaccine Administration (SIRVA) – as a result of her influneza (“flu”) vaccination
on October 3, 2018. Petition at 1. Petitioner further alleges that she suffered the residual
effects of her injury for more than six months, and that there has been no prior award or
settlement of a civil action on her behalf as a result of her injury. Petition at ¶¶ 23-25. 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-01830-UNJ Document 40 Filed 10/31/22 Page 2 of 2
On September 30, 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 indicates that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services, have reviewed the petition and
medical records filed in the case. It is respondent’s position that petitioner
has satisfied the criteria set forth in the Table and the Qualifications and
Aids to Interpretation for SIRVA.
Id. at 7 (citing 42 C.F.R. §§ 100.3(a)(XIV)(B), 100.3(c)(10)) . Respondent further agrees
that
[w]ith respect to other statutory and jurisdictional issues, the records show
that petitioner timely filed her case, that she received the flu vaccine in the
United States, and that she satisfies the statutory severity requirement by
suffering the residual effects or complications of her injury for more than six
months after vaccine administration.
Id. (citing 42 U.S.C. §§ 300aa-11(c)(1)(D)(i)).
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-01830-1
Date issued/filed: 2022-11-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/18/2022) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01830-UNJ Document 41 Filed 11/29/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1830V
UNPUBLISHED
CHRISTINA RAMIREZ, Chief Special Master Corcoran
Petitioner, Filed: October 18, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 11, 2020, Christina Ramirez 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 Table injury – Shoulder Injury
Related to Vaccine Administration (SIRVA) – as a result of her influneza (“flu”) vaccination
on October 3, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On September 30, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On October 18, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $70,000.00.
Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the
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-01830-UNJ Document 41 Filed 11/29/22 Page 2 of 5
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 $70,000.00 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 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-01830-UNJ Document 41 Filed 11/29/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CHRISTINA RAMIREZ,
Petitioner,
v. No. 20-1830V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On December 11, 2020, petitioner, Christina Ramirez, filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended (the “Vaccine Act”), 42
U.S.C. §§ 300aa-1 to -34, alleging that she developed a shoulder injury related to vaccine
administration (“SIRVA”), as identified in the Vaccine Injury Table (“Table”), 42 C.F.R. §
100.3(a), after she received an influenza vaccination on October 3, 2018. See Petition.
On September 30, 2022, respondent, the Secretary of Health and Human Services, filed a
Rule 4(c) Report, indicating that this case is appropriate for compensation under the terms of the
Vaccine Act for a SIRVA Table injury, and later that day, on September 30, 2020, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
Nos. 32, 33.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:20-vv-01830-UNJ Document 41 Filed 11/29/22 Page 4 of 5
II. Items of Compensation
Based on the record evidence, respondent proffers that petitioner should be awarded a
lump sum of $70,000.00, for all damages, including pain and suffering. This amount represents
all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
III. 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 following: a lump sum payment of $70,000.00, in the form
of a check payable to petitioner.2 Petitioner agrees.
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
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:20-vv-01830-UNJ Document 41 Filed 11/29/22 Page 5 of 5
/s/ NINA Y. REN
NINA Y. REN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington D.C. 20044-0146
(202) 451-7499
Nina.Ren@usdoj.gov
DATED: October 18, 2022
3