VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01839
Package ID: USCOURTS-cofc-1_20-vv-01839
Petitioner: Anne Garza
Filed: 2020-12-11
Decided: 2022-06-16
Vaccine: influenza
Vaccination date: 2019-10-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 48871

AI-assisted case summary:
Anne Garza filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered in her left deltoid on October 9, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with the SIRVA criteria set forth in the Vaccine Injury Table and its accompanying Qualifications and Aids to Interpretation. The respondent agreed that compensation was appropriate, noting that the petitioner had no prior history of shoulder pain, that the onset of pain occurred within 48 hours after vaccination, that the pain was limited to the vaccinated shoulder, and that no other condition explained the pain. The respondent also stated that the petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. On April 20, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Garza entitled to compensation. Subsequently, on May 2, 2022, the respondent filed a proffer on an award of compensation, which Ms. Garza agreed with. On June 16, 2022, Chief Special Master Corcoran issued a decision awarding Ms. Garza a total of $48,871.48. This award consisted of $47,500.00 for pain and suffering and $1,371.48 for unreimbursed expenses. The award was made as a lump sum payment to Ms. Garza, who is a competent adult. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Mitchell Jones of the U.S. Department of Justice.

Theory of causation field:
Petitioner Anne Garza alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on October 9, 2019. The respondent conceded that the injury met the criteria for a Table SIRVA injury. The respondent's Rule 4(c) report stated that the petitioner had no prior shoulder issues, the onset of pain occurred within 48 hours post-vaccination, the pain was localized to the vaccinated shoulder, and no other condition explained the pain. The petitioner also experienced residual effects for over six months. Chief Special Master Brian H. Corcoran ruled on entitlement on April 20, 2022, finding Ms. Garza entitled to compensation. A proffer on damages was filed on May 2, 2022, and agreed to by the petitioner. On June 16, 2022, Chief Special Master Corcoran awarded Ms. Garza $48,871.48, comprising $47,500.00 for pain and suffering and $1,371.48 for unreimbursed expenses, as a lump sum payment. Petitioner was represented by Ronald Craig Homer, and respondent by Mitchell Jones.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01839-0
Date issued/filed: 2022-05-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/20/2022) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01839-UNJ Document 39 Filed 05/23/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1839V
UNPUBLISHED
ANNE GARZA, Chief Special Master Corcoran
Petitioner,
v. Filed: April 20, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu);
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA).
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 11, 2020, Anne Garza 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 alleged that he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered in his left
deltoid on October 9, 2019. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 20, 2022, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner’s alleged injury is consistent with the SIRVA criteria set forth in the Vaccine
Injury Table (“Table”) and the accompanying Qualifications and Aids to Interpretation
(“QAI”) and that compensation is appropriate. Specifically, Petitioner had no history of
pain, inflammation, or dysfunction in the shoulder at issue before vaccination; the onset
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-01839-UNJ Document 39 Filed 05/23/22 Page 2 of 2
of Petitioner’s pain occurred within 48 hours after receipt of an intramuscular vaccination;
Petitioner’s pain was limited to the shoulder in which the vaccine was administered; and
no other condition or abnormality has been identified to explain Petitioner’s shoulder pain.
Rule 4(c) Report at 3-4 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). Additionally, Petitioner
suffered the residual effects of her condition for more than six months and she has
satisfied all legal prerequisites for compensation under the Act. Id. at 4.
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-01839-1
Date issued/filed: 2022-06-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/02/2022) regarding 35 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01839-UNJ Document 40 Filed 06/16/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1839V
UNPUBLISHED
ANNE GARZA, Chief Special Master Corcoran
Petitioner,
v. Filed: May 2, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision based on Proffer;
Influenza (Flu); Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA).
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 11, 2020, Anne Garza 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered in his left
deltoid on October 9, 2019. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 20, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a Table SIRVA. On May 2, 2022, Respondent filed a proffer on an
award of compensation (“Proffer”). In the Proffer, Respondent represented that Petitioner
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-01839-UNJ Document 40 Filed 06/16/22 Page 2 of 5
agrees with the proffered award. 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 the following
compensation:
A lump sum of $48,871.48 (representing for $47,500.00 for pain and suffering,
and $1,371.48 for unreimbursed expenses). 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-01839-UNJ Document 40 Filed 06/16/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ANNE GARZA, )
)
Petitioner, )
) No. 20-1839V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 11, 2020, Anne Garza (“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 October 9, 2019. Petition at 1-2. On April 20, 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 that same day, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF Nos. 32, 33.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $47,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01839-UNJ Document 40 Filed 06/16/22 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 $1,371.48. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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:1 a lump sum payment of $48,871.48 in the form of a
check payable to petitioner.
Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Anne Garza: $ 48,871.48
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
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

Case 1:20-vv-01839-UNJ Document 40 Filed 06/16/22 Page 5 of 5
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Mitchell Jones
MITCHEL JONES
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) 305-1748
mitchell.jones@usdoj.gov
DATED: May 2, 2022
3