VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00503
Package ID: USCOURTS-cofc-1_21-vv-00503
Petitioner: Armandina Guerra
Filed: 2021-01-11
Decided: 2022-10-18
Vaccine: influenza
Vaccination date: 2020-01-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 37500

AI-assisted case summary:
Armandina Guerra filed a petition for vaccine compensation on January 11, 2021, alleging injury from an influenza vaccine received on January 6, 2020. Petitioner alleged she sustained a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, or alternatively, that the vaccine caused her shoulder injury, and that she experienced residual effects for more than six months. The respondent denied that Petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused Petitioner's alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on September 10, 2022, agreeing to settle the issues. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Pursuant to the stipulation, Chief Special Master Corcoran awarded Ms. Guerra $37,500.00 in a lump sum, payable by check to Petitioner, as compensation for all items of damages. This award represents a settlement for her alleged SIRVA injury. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and Respondent was represented by Rachelle Bishop of the U.S. Department of Justice.

Theory of causation field:
Petitioner Armandina Guerra received an influenza vaccine on January 6, 2020. She alleged a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, or alternatively, that the vaccine caused her shoulder injury, with residual effects lasting more than six months. Respondent denied a SIRVA Table injury, causation, or sequela. The parties filed a joint stipulation agreeing to settle. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded $37,500.00 as compensation for all items of damages. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Petitioner was represented by Paul R. Brazil, and Respondent by Rachelle Bishop. The decision was issued on October 18, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00503-0
Date issued/filed: 2022-10-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/12/2022) regarding 30 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00503-UNJ Document 34 Filed 10/18/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0503V
UNPUBLISHED
ARMANDINA GUERRA, Chief Special Master Corcoran
Petitioner,
v. Filed: September 12, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA).
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 11, 2021, Armandina Guerra 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 received an influenza (“flu”) vaccine, which vaccine is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on January 6, 2020.
Petitioner alleges that she sustained a shoulder injury related to vaccine administration
(SIRVA) within the time period set forth in the Table, or in the alternative, that her alleged
shoulder injury was caused by the vaccine. She further alleges that she experienced the
residual effects of this condition for more than six months.
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-00503-UNJ Document 34 Filed 10/18/22 Page 2 of 7
Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the
flu vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies
that her current condition is a sequela of a vaccine-related injury.
Nevertheless, on September 10, 2022, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
stipulation reasonable and adopt it as my decision awarding damages, on the terms set
forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $37,500.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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-00503-UNJ Document 34 Filed 10/18/22 Page 3 of 7
INTHE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ARMANDINA GUERRA,
Petitioner, No. 21-503V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Armandina Guerra (. .p etitioner'), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto -34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza (. . flu") vaccine, which vaccine is contained in the Vaccine Injury Table(the
"Table"), 42 C.F.R. § 100.3(a)
2. Petitioner received a flu vaccine on January 6, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration
(. .S IRVA") within the time period set forth in the Table, or in the alternative, that her alleged
shoulder injury was caused by the vaccine. She further alleges that she experienced the residual
effects of this condition for more than six months.
I

Case 1:21-vv-00503-UNJ Document 34 Filed 10/18/22 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her alleged injury.
6. Respondent denies that petitioner sustained a SfRVA Table injury; denies that the
vaccine caused petitioner•s alleged shoulder injury, or any other injury; and denies that her
current condition is a sequela ofa vaccine-related injury.
7. Maintaining their above-stated positions. the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 oft his Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21 (a)()), the Secretary ofH ealth and Human Services will issue
the following vaccine compensation payment:
A lump sum of $37,500.00 in the form ofa check payable to petitioner. This amount
represents compensation for all damages that would beavailableunder42 U.S.C.
§ 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S. C. § 300aa-2 l ( a)( 1) , and an application, the parties will submitto further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S. C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be
2

Case 1:21-vv-00503-UNJ Document 34 Filed 10/18/22 Page 5 of 7
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of4 2 U.S.C. § 300aa-15(a) and (d), and subject to the conditiom of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf ofh er heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss ofs ervices, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, orin any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death ofp etitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on January 6, 2020, as
alleged in a petition for vaccine compensation filed on January 11, 2021, in the United States
3

Case 1:21-vv-00503-UNJ Document 34 Filed 10/18/22 Page 6 of 7
Court of Federal Claims as petition No. 21-503V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalfo fe ither or both of the parties.
15. If the special master fails to issue a decision in complete confonnity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete confonnity with the tenns oft his Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion ofe ither party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part oft he
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature oft he injury or condition or in the
items of compensation sough~ is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or
any other injury or her current disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs. executors, administrato~ successors, and/or assigns.
END OF STIPULATION
4

Case 1:21-vv-00503-UNJ Document 34 Filed 10/18/22 Page 7 of 7
Respectfully submitted,
ATTORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
. ,J,L,6,..\w~ ~
HEA' IHER L. PEARLMAN
MULLER BRAZIL Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA 19025
Civil Division
(215) 885-1655 U.S.DepartmentofJustice
P.O.Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE A'ITORNEYOFRECORDFOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
#1,
z:;a&, /J_ Z:,fS/Se,.,
~ I ~wfu
~
CDR GEORGE REED GRlMES, Mir,MPH RACHELLE P. BISHOP
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau
Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O.Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N146B Tel: (202) 616-3662
Rockville, MD 20857 £.mail: Rachelle.P.Bishop@usdoj.gov
9} i I :t-Ov:1-:
Dated:
5