VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00364
Package ID: USCOURTS-cofc-1_21-vv-00364
Petitioner: Edward Louis Ambiel, Jr.
Filed: 2021-01-08
Decided: 2023-06-23
Vaccine: influenza
Vaccination date: 2020-10-22
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Edward Louis Ambiel, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccine on October 22, 2020. The petition stated that the vaccine was administered in the United States, that he would suffer residual effects for more than six months, and that there had been no prior award or settlement. The Respondent, the Secretary of Health and Human Services, filed a report recommending compensation, conceding that Mr. Ambiel satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table. The Respondent noted that Mr. Ambiel had no prior history of shoulder issues, experienced pain within 48 hours of vaccination, and that his pain and reduced range of motion were limited to the injection site. The Respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and the severity requirement was met. Based on the Respondent's concession and the evidence, the Chief Special Master found Mr. Ambiel entitled to compensation. Subsequently, a decision awarding damages was issued. The Respondent had proffered a lump sum of $50,000.00 for all damages, which Mr. Ambiel accepted. The court awarded Mr. Ambiel this lump sum payment, representing compensation for all damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00364-0
Date issued/filed: 2023-06-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/18/2023 ) regarding 34 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00364-UNJ Document 39 Filed 06/21/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-364V
UNPUBLISHED
EDWARD LOUIS AMBIEL, JR., Chief Special Master Corcoran
Petitioner, Filed: May 18, 2023
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)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 8, 2021, Edward Louis Ambiel, Jr. 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 receiving an influenza (“flu”)
vaccine on October 22, 2020. Petition at 1. Petitioner further alleges the vaccine was
administered within the United States, that he will suffer 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. Petition at ¶¶ 4, 12-14. 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).

Case 1:21-vv-00364-UNJ Document 39 Filed 06/21/23 Page 2 of 2
On May 12, 2023, Respondent filed a Rule 4(c) Report Recommending
Compensation and Proffer of Compensation in which he concedes that Petitioner is
entitled to compensation in this case. ECF No. 33 at 3-4. 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 this 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. See 42 C.F.R. §§ 100.3(a)(XIV)(B),
100.3(c)(10). Specifically, petitioner had no history of pain, inflammation, or
dysfunction of the affected shoulder prior to vaccine administration that
would explain the alleged signs, symptoms, examination findings, and
diagnostic studies occurring after vaccine injection; he suffered the onset of
pain within forty-eight hours of vaccine administration; his pain and reduced
range of motion were limited to the shoulder in which the vaccine was
administered; and there is no other condition or abnormality present that
would explain his symptoms. 42 C.F.R. § 100.3(c)(10). Therefore, petitioner
is entitled to a presumption of vaccine causation.
Id. at 3. Respondent further agrees that
[w]ith respect to other statutory and jurisdictional issues, the record shows
that this case was timely filed, the vaccine was received in the United
States, and petitioner satisfies the severity requirement by suffering the
residual effects of his injury for more than six months after vaccine
administration.
Id. at 4 (citing Sections 11(c)(1)(B)(i)(Ι), 11(c)(1)(D)(i), 16(a)(2)).
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-00364-1
Date issued/filed: 2023-06-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/18/2023) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00364-UNJ Document 40 Filed 06/23/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-364V
UNPUBLISHED
EDWARD LOUIS AMBIEL, JR, Chief Special Master Corcoran
Petitioner, Filed: May 18, 2023
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)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 8, 2021, Edward Louis Ambiel, Jr. filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2
(the “Vaccine Act that he suffered a Table injury – Shoulder Injury Related to Vaccine
Administration (“SIRVA”) – as a result of receiving an influenza (“flu”) vaccine on October
22, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On May 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On May 12, 2023, Respondent filed a Rule 4(c) Report
Recommending Compensation and Proffer of Compensation (“Proffer”) indicating
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).

Case 1:21-vv-00364-UNJ Document 40 Filed 06/23/23 Page 2 of 2
Petitioner should be awarded a lump sum of $50,000.00 for all damages. ECF No. 33 at
a 1, 4. In the 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 Proffer, I award Petitioner a lump sum
payment of $50,000.00 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