VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00161
Package ID: USCOURTS-cofc-1_21-vv-00161
Petitioner: Baltazar Pedraza
Filed: 2021-01-06
Decided: 2022-12-07
Vaccine: influenza
Vaccination date: 2019-09-25
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 67500

AI-assisted case summary:
Baltazar Pedraza filed a petition on January 6, 2021, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine he received on September 25, 2019. The case was assigned to the Special Processing Unit. Respondent conceded that Mr. Pedraza is entitled to compensation, finding that his injury met the criteria for SIRVA as a Table injury. Specifically, Respondent noted that Petitioner had no prior history of pain, inflammation, or dysfunction in his right shoulder, that his pain occurred within 48 hours of receiving the intramuscular vaccination, that his pain and reduced range of motion were limited to the shoulder in which the vaccine was administered, and that no other condition or abnormality was identified to explain his symptoms. Respondent also agreed that the statutory six-month sequelae requirement was satisfied. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 23, 2022, finding Petitioner entitled to compensation. Subsequently, on November 2, 2022, Respondent filed a proffer recommending an award of $67,500.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Corcoran issued a decision on December 7, 2022, awarding this amount as a lump sum payment to Baltazar Pedraza. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and Respondent was represented by Ronalda Elnetta Kosh of the U.S. Department of Justice.

Theory of causation field:
Petitioner Baltazar Pedraza alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on September 25, 2019. Respondent conceded entitlement, finding the injury met the criteria for SIRVA as a Table injury. The criteria met included no prior history of shoulder issues, onset of pain within 48 hours of vaccination, symptoms limited to the vaccinated shoulder, and no other identified cause for the symptoms. The statutory six-month sequelae requirement was also satisfied. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 23, 2022. On November 2, 2022, Respondent proffered an award of $67,500.00 for pain and suffering, which Petitioner accepted. Chief Special Master Corcoran issued a decision on December 7, 2022, awarding this lump sum. Petitioner was represented by Paul R. Brazil, and Respondent was represented by Ronalda Elnetta Kosh.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00161-0
Date issued/filed: 2022-07-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/23/2022) regarding 29 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made. (ew).
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Case 1:21-vv-00161-UNJ Document 32 Filed 07/25/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-161V
UNPUBLISHED
BALTAZAR PEDRAZA, Chief Special Master Corcoran
Petitioner, Filed: June 23, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 6, 2021, Baltazar Pedraza 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 Table injury – Shoulder Injury Related
to Vaccine Administration (“SIRVA”) – as a result of his September 25, 2019 influenza
(“flu”) vaccine. Petition at 1. Petitioner further alleges that he suffered the residual effects
of his injury for more than six months, and that there has been no prior award or
settlement of a civil action on his behalf as a result of his injury. See Petition, ¶¶ 6-8. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 21, 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, 5.
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 1:21-vv-00161-UNJ Document 32 Filed 07/25/22 Page 2 of 2
Specifically, Respondent indicates that it is his
position that petitioner has satisfied the criteria for SIRVA set forth in the
Vaccine Injury Table and the Qualifications and Aids to Interpretation, which
afford petitioner the presumption of causation, because petitioner had no
history of pain, inflammation, or dysfunction in his right shoulder; his pain
occurred within 48 hours of receipt of an intramuscular vaccination; his pain
and reduced range of motion were limited to the shoulder in which the
vaccine was administered; and no other condition or abnormality was
identified to explain his symptoms. 42 C.F.R. § 100.3(a), (c)(10).
Id. at 6-7. Respondent further agrees that “the statutory six-month sequelae requirement
has been satisfied. See 42 U.S.C. § 300aa-11(c)(D)(I).” Id. at 7.
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-00161-1
Date issued/filed: 2022-12-07
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/03/2022) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00161-UNJ Document 38 Filed 12/07/22 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-161V
UNPUBLISHED
BALTAZAR PEDRAZA, Chief Special Master Corcoran
Petitioner, Filed: November 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 6, 2021, Baltazar Pedraza 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 Table injury – Shoulder Injury Related
to Vaccine Administration (“SIRVA”) – as a result of his September 25, 2019 influenza
(“flu”) vaccine. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On June 23, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On November 2, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $67,500.00 in pain and
suffering. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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 1:21-vv-00161-UNJ Document 38 Filed 12/07/22 Page 2 of 5
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 a lump
sum payment of $67,500.00 (representing 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 1:21-vv-00161-UNJ Document 38 Filed 12/07/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
BALTAZAR PEDRAZA, )
)
)
Petitioner, )
) No. 21-161V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 6, 2021, Baltazar Pedraza (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq.
(“Vaccine Act” or “Act”). Petitioner alleges that he suffered a shoulder injury related to the
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered in his
right shoulder on September 25, 2019. Petition at 1. See Petition at 1. On June 21, 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 23, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 27; ECF No. 29.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $67,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00161-UNJ Document 38 Filed 12/07/22 Page 4 of 5
This amount represents 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
one 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 $67,500.00, in the form
of a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Baltazar Pedraza: $67,500.00
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
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 pain and
suffering.
2

Case 1:21-vv-00161-UNJ Document 38 Filed 12/07/22 Page 5 of 5
s/ Ronalda E. Kosh
RONALDA E. KOSH
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) 616-4476
Email: ronalda.kosh@usdoj.gov
DATED: November 2, 2022
3