VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00556 Package ID: USCOURTS-cofc-1_21-vv-00556 Petitioner: Patricia Sornoso, personal representative of the estate of Marie Reyes Filed: 2021-01-11 Decided: 2025-09-22 Vaccine: influenza Vaccination date: 2020-10-27 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: On January 11, 2021, Marie Reyes filed a petition alleging that an influenza vaccination on October 27, 2020 caused a shoulder injury related to vaccine administration. She alleged residual effects lasting more than six months. Ms. Reyes later died on September 23, 2022 from causes unrelated to vaccination. After letters of administration were filed, Patricia Sornoso was substituted as petitioner in her capacity as personal representative of Ms. Reyes's estate. Respondent filed a Rule 4(c) report on June 16, 2025 conceding that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that the legal prerequisites for compensation were satisfied. Chief Special Master Brian H. Corcoran granted entitlement on June 17, 2025. The public entitlement and damages decisions do not describe Ms. Reyes's onset of shoulder pain, treatment course, imaging, or functional limitations. On September 22, 2025, Chief Special Master Corcoran awarded damages based on respondent's proffer and petitioner's agreement. The estate received $45,000.00 for pain and suffering, paid through counsel's IOLTA account to Patricia Sornoso as personal representative. The award represented all damages available under Section 15(a). Theory of causation field: Influenza vaccine, October 27, 2020, alleged SIRVA suffered by Marie Reyes. COMPENSATED. Ms. Reyes died September 23, 2022 from causes unrelated to vaccination; Patricia Sornoso was substituted as personal representative. Respondent conceded Table SIRVA in Rule 4(c); entitlement June 17, 2025; damages September 22, 2025. Public texts do not describe onset/treatment details. Award: $45,000 pain and suffering, all Section 15(a) damages, ACH to counsel IOLTA for the estate. Attorney Ronald Craig Homer; respondent Dorian Hurley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00556-0 Date issued/filed: 2025-07-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/17/2025) regarding 55 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00556-UNJ Document 57 Filed 07/18/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-556V PATRICIA SORNOSO, Personal Chief Special Master Corcoran Representative of the ESTATE OF MARIE REYES, Filed: June 17, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 11, 2021, Marie Reyes filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”), alleging that she suffered from a shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccination on October 27, 2020. Pet., ECF No. 1. She further alleges that she suffered the residual effects of her injury for more than six months. Id. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 12, 2025, an amended petition was filed, and the case caption was amended to name Patricia Sornoso as petitioner, as the personal representative of the estate of Ms. Reyes, deceased. ECF Nos. 49-50. 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-00556-UNJ Document 57 Filed 07/18/25 Page 2 of 2 On June 16, 2025, 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, ECF No. 53. Specifically, Respondent indicated that “Ms. Reyes’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 7. Respondent does not dispute that Petitioner “has satisfied all legal prerequisites for compensation under the Act.” 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-00556-1 Date issued/filed: 2025-10-31 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 09/22/2025) regarding 61 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00556-UNJ Document 65 Filed 10/31/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-556V PATRICIA SORNOSO, Personal Chief Special Master Corcoran Representative of the ESTATE OF MARIE REYES, Filed: September 22, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 11, 2021, Marie Reyes filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”), alleging that she suffered from a shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccination on October 27, 2020. Pet., ECF No. 1. She further alleges that she suffered the residual effects of her injury for more than six months. Id. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 12, 2025, an amended petition was filed, and the case caption was amended to name Patricia Sornoso as Petitioner, as the personal representative of the estate of Ms. Reyes, deceased. ECF Nos. 49-50. On June 17, 2025, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for Ms. Reyes’ SIRVA. ECF No. 55. On September 22, 2025, 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-00556-UNJ Document 65 Filed 10/31/25 Page 2 of 5 Respondent filed a Proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $45,000.00 in pain and suffering. Proffer at 2, ECF No. 60. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. See 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 $45,000.00 for pain and suffering to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner, as personal representative of the Estate of Marie Reyes. 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-00556-UNJ Document 65 Filed 10/31/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) PATRICIA SORNOSO, Personal ) Representative of the ESTATE OF MARIE ) REYES, ) ) No. 21-556V Petitioner, ) Chief Special Master Corcoran ) ECF v. ) ) SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 11, 2021, Marie Reyes (“Ms. Reyes”) 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 she suffered a shoulder injury related to vaccine administration (“SIRVA”), following the administration of an influenza (“flu”) vaccine she received on October 27, 2020. ECF No. 1. On January 13, 2023, petitioner’s counsel filed a status report indicating that Ms. Reyes had passed away, and on March 14, 2023, he filed a copy of Ms. Reyes’ death certificate, which confirms her death on September 23, 2022, due to causes unrelated to vaccination. ECF Nos. 26, 27-1 (Exhibit 35). On January 31, 2025, petitioner’s counsel moved to amend the caption and substitute Patricia Sornoso, personal representative of the estate of Ms. Reyes, as petitioner.1 ECF No. 45. On March 5, 2025, petitioner’s counsel filed letters of administration appointing Patricia Sornoso as the personal representative of the estate of Ms. Reyes. ECF No. 47-1 (Exhibit 38). On March 12, 2025, petitioner’s counsel filed an amended 1 All references to petitioner herein refer solely to Patricia Sornoso in her representative capacity as the personal representative of the estate of Ms. Reyes. Case 1:21-vv-00556-UNJ Document 65 Filed 10/31/25 Page 4 of 5 petition and the Court entered an order granting the motion to amend the case caption that day. ECF Nos. 49 and 50. On June 16, 2025, 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. ECF No. 53. On June 17, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 55. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $45,000.00 for pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). 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 The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below,2 and request that the Chief Special Master’s decision and the Court’s judgment award the following: A lump sum payment of $45,000.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Patricia Sornoso, as personal representative of the Estate of Marie Reyes. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division 2 If for some reason petitioner is not authorized by a court of competent jurisdiction to serve as the personal representative of Ms. Reyes’ estate at the time a payment pursuant to this Proffer is to be made, then any such payment shall be paid to the party or parties appointed by a court of competent jurisdiction to serve as personal representative of Ms. Reyes’ estate upon submission of written documentation of such appointment to the respondent. 2 Case 1:21-vv-00556-UNJ Document 65 Filed 10/31/25 Page 5 of 5 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division JULIA M. COLLISON Assistant Director Torts Branch, Civil Division /s/ Dorian Hurley DORIAN HURLEY 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) 353-7751 Email: Dorian.Hurley@usdoj.gov DATED: September 22, 2025 3