VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00927
Package ID: USCOURTS-cofc-1_21-vv-00927
Petitioner: Juan Ruiz, Jr.
Filed: 2023-01-05
Decided: 2023-02-28
Vaccine: Tdap
Vaccination date: 2018-10-30
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Juan Ruiz, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2021, alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of a Tetanus-Diphtheria (Tdap) vaccination he received on October 30, 2018. The petition stated that the vaccine was administered in the United States, that he had not received prior compensation for his injuries, and that the residual effects of the injury lasted for more than six months. The case was assigned to the Special Processing Unit. On January 4, 2023, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with a SIRVA and that all legal prerequisites for compensation under the Vaccine Act had been met. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on January 5, 2023, finding Juan Ruiz, Jr. entitled to compensation. Subsequently, on January 12, 2023, the Respondent filed a Proffer on Award of Compensation, proposing an award of $55,000.00 for pain and suffering, which the petitioner agreed to. Chief Special Master Corcoran issued a Decision Awarding Damages on February 28, 2023, awarding Juan Ruiz, Jr. a lump sum payment of $55,000.00, payable by check to Petitioner, representing compensation for all damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Scott B. Taylor of Urban & Taylor, S.C., and Respondent was represented by Austin Joel Egan of the U.S. Department of Justice.

Theory of causation field:
Petitioner Juan Ruiz, Jr. alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tetanus-Diphtheria (Tdap) vaccine administered on October 30, 2018. The Respondent conceded that the injury was consistent with a SIRVA and that all legal prerequisites for compensation were met. The case was determined to be a Table Injury. The Respondent proffered an award of $55,000.00 for pain and suffering, representing all damages available under 42 U.S.C. § 300aa-15(a), which Petitioner accepted. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on January 5, 2023, and a Decision Awarding Damages on February 28, 2023, awarding a lump sum of $55,000.00. Petitioner was represented by Scott B. Taylor, and Respondent was represented by Austin Joel Egan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00927-0
Date issued/filed: 2023-02-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/05/2023) regarding 33 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00927-UNJ Document 43 Filed 02/09/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-927V
UNPUBLISHED
JUAN RUIZ, JR., Chief Special Master Corcoran
Petitioner, Filed: January 5, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus Diphtheria
(Tdap) Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA)
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 16, 2021, Juan Ruiz, 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 from a left shoulder injury related to
vaccine administration (“SIRVA”) as a result of a Tetanus-Diphtheria (“Td”) vaccination
on October 30, 2018. Petition at 1. Petitioner further alleges that the vaccine was
administered within the United States, that Petitioner has not received compensation in
the form of an award or settlement for his vaccine-related injuries, and that he
experienced the residual effects of his injury for more than six months. Petition at 1, 9.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
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-00927-UNJ Document 43 Filed 02/09/23 Page 2 of 2
On January 4, 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. Specifically, Respondent has concluded that Petitioner’s injury is consistent with a
SIRVA. Id. at 4-5. Respondent further agrees that Petitioner has satisfied all legal
prerequisites for compensation under the Vaccine 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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00927-1
Date issued/filed: 2023-02-28
Pages: 4
Docket text: PUBLIC DECISION: (Originally filed: 01/17/2023) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00927-UNJ Document 45 Filed 02/28/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-927V
UNPUBLISHED
JUAN RUIZ, JR., Chief Special Master Corcoran
Petitioner, Filed: January 17, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria (Td) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 16, 2021, Juan Ruiz, 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 shoulder injury related to vaccine
administration (“SIRVA”) following the administration of a Tetanus-Diphtheria vaccine on
October 30, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On January 5, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On January 12, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $55,000.00. Proffer
at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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-00927-UNJ Document 45 Filed 02/28/23 Page 2 of 4
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 $55,000.00 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

Case 1:21-vv-00927-UNJ Document 45 Filed 02/28/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JUAN RUIZ, JR., )
)
Petitioner, )
) No. 21-927V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 16, 2021, Juan Ruiz, Jr. (“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 a
Tetanus-Diphtheria (“Td”) vaccine he received on October 30, 2018. Petition at 1. On January
4, 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 January 5, 2023, the Chief Special Master issued a Ruling on Entitlement
finding petitioner is entitled to compensation. ECF Nos. 32-33.
I. Items of Compensation
Based on the evidence of record, respondent proffers that petitioner should be awarded
$55,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.

Case 1:21-vv-00927-UNJ Document 45 Filed 02/28/23 Page 4 of 4
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 following1: a lump sum payment of $55,000.00, in the form of a
check payable to Juan Ruiz, Jr.
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ AUSTIN J. EGAN
Austin J. Egan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 451-7479
Austin.J.Egan@usdoj.gov
Date: January 12, 2023
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