VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00112
Package ID: USCOURTS-cofc-1_21-vv-00112
Petitioner: Gabriel Marian
Filed: 2021-01-06
Decided: 2023-09-29
Vaccine: influenza
Vaccination date: 2020-10-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Gabriel Marian filed a petition for compensation under the National Vaccine Injury Compensation Program on January 6, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 17, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 25, 2023, conceding that the petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that the petitioner suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on August 29, 2023, finding the petitioner entitled to compensation. Subsequently, on August 29, 2023, a decision awarding damages was issued. The respondent filed a combined Rule 4 report and proffer on award of compensation, indicating the petitioner should be awarded $45,000.00, which the petitioner agreed to. Chief Special Master Corcoran awarded Gabriel Marian a lump sum payment of $45,000.00 as compensation for all damages, payable by check to the petitioner. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by John Robert Howie of Howie Law, PC, and the respondent was represented by Felicia Langel of the U.S. Department of Justice.

Theory of causation field:
Petitioner Gabriel Marian alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 17, 2020. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that residual effects lasted more than six months. The case proceeded under the "Table" theory of causation. No specific medical experts were named in the public text. The respondent's concession led to a finding of entitlement. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on August 29, 2023, and a decision awarding damages on September 29, 2023. The award was a lump sum of $45,000.00. Petitioner was represented by John Robert Howie, and respondent was represented by Felicia Langel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00112-0
Date issued/filed: 2023-09-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/29/2023) regarding 37 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00112-UNJ Document 45 Filed 09/29/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0112V
GABRIEL MARIAN, Chief Special Master Corcoran
Petitioner, Filed: August 29, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 6, 2021, Gabriel Marian 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine that was administered
on October 17, 2020. Petition at 1.3 The case was assigned to the Special Processing
Unit of the Office of Special Masters.
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).
3 The petition incorrectly stated the date of Petitioner’s flu vaccination as October 16, 2020. See Ex. 2 at
3-4.

Case 1:21-vv-00112-UNJ Document 45 Filed 09/29/23 Page 2 of 2
On August 25, 2023, 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 “[P]etitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table.” Id. at 3. Respondent further agrees that
“[P]etitioner suffered the residual effects of his condition for more than six months.” Id.
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_21-vv-00112-1
Date issued/filed: 2023-09-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/29/2023) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00112-UNJ Document 46 Filed 09/29/23 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0112V
GABRIEL MARIAN, Chief Special Master Corcoran
Petitioner, Filed: August 29, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 6, 2021, Gabriel Marian 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine that was administered
on October 17, 2020. Petition at 1.3 The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On August 29, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On August 25, 2023, Respondent filed a combined Rule 4
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).
3 The petition incorrectly stated the date of Petitioner’s flu vaccination as October 16, 2020. See Ex. 2 at
3-4.

Case 1:21-vv-00112-UNJ Document 46 Filed 09/29/23 Page 2 of 2
report and proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should
be awarded $45,000.00. Rule 4/Proffer at 4. In the Rule 4/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 Rule 4/Proffer, I award Petitioner a lump sum
payment of $45,000.00 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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