VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00562
Package ID: USCOURTS-cofc-1_21-vv-00562
Petitioner: Cynthia D. Bruno
Filed: 2021-01-11
Decided: 2022-09-09
Vaccine: influenza (flu)
Vaccination date: 2019-10-07
Condition: left-sided shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52500

AI-assisted case summary:
Cynthia D. Bruno filed a petition on January 11, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on October 7, 2019, she received an influenza (flu) vaccine and subsequently developed a left-sided shoulder injury related to vaccine administration, also known as SIRVA. Ms. Bruno further claimed that the residual effects of this injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 23, 2022, conceding entitlement to compensation. The respondent stated that the claim met the Table criteria for SIRVA, noting that Ms. Bruno had no apparent recent history of shoulder issues prior to vaccination, experienced onset of pain within 48 hours of the injection, that the pain was limited to the injected shoulder, and that no other condition could explain her symptoms. The respondent also agreed that Ms. Bruno was entitled to a presumption of vaccine causation. On June 24, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Bruno entitled to compensation. Subsequently, on July 26, 2022, the respondent filed a proffer on the award of compensation. Based on this proffer, which indicated that Ms. Bruno agreed with the proposed award, Chief Special Master Corcoran issued a decision on September 9, 2022. Ms. Bruno, identified as a competent adult, was awarded a lump sum payment of $52,500.00 for pain and suffering. Petitioner was represented by Richard H. Moeller of Moore, Heffernan, et al., and respondent was represented by Kyle Edward Pozza of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments received by Ms. Bruno, nor does it name any medical experts.

Theory of causation field:
Petitioner Cynthia D. Bruno alleged that an influenza (flu) vaccine administered on October 7, 2019, caused a left-sided shoulder injury related to vaccine administration (SIRVA) with residual effects lasting over six months. The respondent conceded entitlement, agreeing the claim met the Table criteria for SIRVA. This included no prior shoulder issues, onset of pain within 48 hours of vaccination, pain limited to the injected shoulder, and no other explanatory condition. The respondent also agreed to a presumption of vaccine causation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 24, 2022. A subsequent decision on September 9, 2022, awarded $52,500.00 for pain and suffering based on a proffer agreed to by both parties. Petitioner was represented by Richard H. Moeller, and respondent by Kyle Edward Pozza. The public text does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00562-0
Date issued/filed: 2022-07-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/24/2022) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00562-UNJ Document 35 Filed 07/28/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0562V
UNPUBLISHED
CYNTHIA D. BRUNO, Chief Special Master Corcoran
Petitioner, Filed: June 24, 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)
Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 11, 2021, Cynthia D. Bruno 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 she received an influenza (flu) vaccination on
October 7, 2019, and thereafter suffered from a left-sided shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1-2. Petitioner further alleges that she
suffered the residual effects of her injury for more than six months. Petition at 6. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On June 23, 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.
Specifically, Respondent states that “[m]edical personnel at the DICP have reviewed the
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-00562-UNJ Document 35 Filed 07/28/22 Page 2 of 2
facts of this case and concluded that petitioner’s claim meets the Table criteria for SIRVA.
Specifically, petitioner had no apparent recent history of pain, inflammation or dysfunction
of the affected shoulder prior to intramuscular vaccine administration that would explain
the alleged signs, symptoms, examination findings, and/or diagnostic studies occurring
after vaccine injection; she more likely than not suffered the onset of pain within forty-
eight hours of vaccine administration; her pain and reduced range of motion were limited
to the shoulder in which the intramuscular vaccine was administered; and there is no
other condition or abnormality present that would explain petitioner’s symptoms.” Id. at 4-
5. Respondent further agrees that Petitioner is entitled to a presumption of vaccine
causation. Id. at 5.
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-00562-1
Date issued/filed: 2022-09-09
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/26/2022) regarding 29 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00562-UNJ Document 36 Filed 09/09/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0562V
UNPUBLISHED
CYNTHIA D. BRUNO, Chief Special Master Corcoran
Petitioner, Filed: July 26, 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)
Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 11, 2021, Cynthia D. Bruno 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 she received an influenza (flu) vaccination on
October 7, 2019, and thereafter suffered from a left-sided shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1-2. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 24, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On July 26, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $52,500.00 for
pain and suffering. Proffer at 1-2. 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.
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-00562-UNJ Document 36 Filed 09/09/22 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $52,500.00, (for 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-00562-UNJ Document 36 Filed 09/09/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
CYNTHIA D. BRUNO, )
)
Petitioner, )
) No. 21-562V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 23, 2022, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. ECF No. 24. On June 24, 2022, Chief Special Master
Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”) and related
sequela. ECF No. 25.
I. Amount of Compensation
A. Pain and Suffering
Respondent now proffers that, based on the Chief Special Master’s entitlement decision
and the evidence of record, petitioner should be awarded $52,500.00, for pain and suffering, in
the form of a check payable to petitioner. Petitioner agrees.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:21-vv-00562-UNJ Document 36 Filed 09/09/22 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made as
described below, and request that the Chief Special Master’s damages decision and the Court’s
judgment award the following: 1
A. A lump sum of $52,500.00, in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Kyle E. Pozza_____________
KYLE E. POZZA
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) 616-3661
E-mail: Kyle.Pozza@usdoj.gov
Dated: July 26, 2022
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 medical
expenses, future pain and suffering, and future lost wages.
2