VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00391
Package ID: USCOURTS-cofc-1_21-vv-00391
Petitioner: Antonio Lorenzo
Filed: 2021-01-08
Decided: 2023-10-13
Vaccine: influenza
Vaccination date: 2020-10-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Antonio Lorenzo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 4, 2020. The respondent conceded that Mr. Lorenzo was entitled to compensation, agreeing that his injury qualified as a SIRVA Table injury. The respondent determined that Mr. Lorenzo had no prior shoulder issues, his pain and reduced range of motion occurred within 48 hours of the vaccination, his symptoms were confined to the vaccinated shoulder, and no other condition explained his symptoms. The respondent also confirmed the case was timely filed, the vaccine was administered in the United States, and Mr. Lorenzo met the statutory severity requirement of suffering residual effects for more than six months. A ruling on entitlement was issued on June 14, 2023, finding Mr. Lorenzo entitled to compensation. Subsequently, on September 6, 2023, the respondent filed a proffer recommending an award of $60,000.00 for all elements of compensation, which Mr. Lorenzo agreed to. The Chief Special Master issued a decision awarding Mr. Lorenzo a lump sum payment of $60,000.00 on October 13, 2023.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00391-0
Date issued/filed: 2023-07-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/14/2023) regarding 26 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00391-UNJ Document 28 Filed 07/17/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-391V
UNPUBLISHED
ANTONIO LORENZO, Chief Special Master Corcoran
Petitioner, Filed: June 14, 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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 8, 2021, Antonio Lorenzo 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) resulting from adverse effects of an influenza vaccination he
received on October 4, 2020. Petition at 1. Petitioner further alleges that the vaccination
was administered within the United States, his symptoms lasted for more than six months,
and neither Petitioner, nor any other party, has ever received compensation in the form
of an award or settlement for Petitioner’s vaccine-related injury. Petition at 2; Exhibit (Ex.)
1 Because this Order 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 Order 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-00391-UNJ Document 28 Filed 07/17/23 Page 2 of 2
1 at 1; Petitioner’s Affidavit, Ex. 6 at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On June 2, 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. It
is Respondent’s position that “[P]etitioner has satisfied the criteria set forth in the Vaccine
Injury Table (‘Table’) and the Qualifications and Aids to Interpretation (‘QAI’) for SIRVA
following the intramuscular administration of a flu vaccine.” Specifically, Respondent
determined that “[P]etitioner had no history of pain, inflammation or dysfunction in his right
shoulder; his pain and reduced range of motion occurred within 48 hours of receipt of an
intramuscular vaccination; his symptoms were limited to the shoulder in which the vaccine
was administered; and no other condition or abnormality was identified to explain his
symptoms.” Id. at 3-4 (footnote omitted). Respondent further agrees that “the case was
timely filed, that the vaccine was received in the United States, and that [P]etitioner
satisfies the statutory severity requirement by suffering the residual effects or
complications of his injury for more than six months after vaccine administration.” 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-00391-1
Date issued/filed: 2023-10-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/12/2023) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00391-UNJ Document 35 Filed 10/13/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-391V
ANTONIO LORENZO, Chief Special Master Corcoran
Petitioner, Filed: September 12, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 8, 2021, Antonio Lorenzo 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) resulting from adverse effects of an influenza vaccination he
received on October 4, 2020. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 14, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On September 6, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $60,000.00 for all
elements of compensation. Proffer at 1. In the Proffer, Respondent represented that
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 (2012).

Case 1:21-vv-00391-UNJ Document 35 Filed 10/13/23 Page 2 of 5
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 attached Proffer, I award Petitioner a lump
sum payment of $60,000.00 for all elements of compensation 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-00391-UNJ Document 35 Filed 10/13/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ANTONIO LORENZO, )
)
Petitioner, )
) No. 21-391V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 8, 2021, Antonio Lorenzo (“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 he suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine he received on October 14, 2020. Petition at 1. On June 2, 2023, 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 13, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF Nos. 25, 26.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$60,000.00 for all elements of compensation to which petitioner is entitled under 42 U.S.C.
§300aa-15(a). Petitioner agrees.

Case 1:21-vv-00391-UNJ Document 35 Filed 10/13/23 Page 4 of 5
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 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 $60,000.00 in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Antonio Lorenzo: $ 60,000.00
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 lost earnings
and future pain and suffering.
2

Case 1:21-vv-00391-UNJ Document 35 Filed 10/13/23 Page 5 of 5
/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: September 6, 2023
3