VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00967
Package ID: USCOURTS-cofc-1_21-vv-00967
Petitioner: Alberto S. Galvan
Filed: 2021-02-22
Decided: 2023-02-24
Vaccine: influenza
Vaccination date: 2018-11-06
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Alberto Galvan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Table injury, Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of his November 6, 2018 influenza vaccination. He stated the vaccine was administered in the United States, that he suffered residual effects for more than six months, and that there had been no prior award or settlement. Respondent filed a Rule 4(c) report conceding that Mr. Galvan was entitled to compensation, finding he met the criteria for SIRVA on the Vaccine Injury Table. Specifically, Respondent noted that Mr. Galvan had no prior history of shoulder issues, his pain occurred within 48 hours of vaccination, was limited to the vaccinated shoulder, and no other condition explained his symptoms. Respondent also confirmed the claim was timely filed, the vaccine was administered in the U.S., and the severity requirement was met. Based on Respondent's concession and the evidence, the Chief Special Master found Mr. Galvan entitled to compensation. Subsequently, Respondent filed a proffer recommending an award of $75,000.00, which Mr. Galvan agreed to. The Chief Special Master awarded Mr. Galvan a lump sum payment of $75,000.00 for all damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00967-0
Date issued/filed: 2023-02-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/11/2023) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00967-UNJ Document 40 Filed 02/13/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-967V
UNPUBLISHED
ALBERTO S. GALVAN, Chief Special Master Corcoran
Petitioner, Filed: January 11, 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)
John Leonard Shipley, Davis, CA, for Petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 22, 2021, Alberto Galvan 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 Table injury – Shoulder Injury Related
to Vaccine Administration (SIRVA) – as a result of his November 6, 2018 influenza (“flu”)
vaccination. Petition at 1. Petitioner further alleges the vaccine was administered within
the United States, that he suffered the residual effects of his injury for more than six
months, and that there has been no prior award or settlement of a civil action on his behalf
as a result of his injury. Petition at ¶¶ 2, 22-24. 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-00967-UNJ Document 40 Filed 02/13/23 Page 2 of 2
On January 6, 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 indicates that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”), have reviewed the
petition and medical records filed in the case. It is respondent’s position that
petitioner has satisfied the criteria set forth in the Vaccine Injury Table and
the Qualifications and Aids to Interpretation for SIRVA. 42 C.F.R. §§
100.3(a)(XIV)(B), 100.3(c)(10). Specifically, petitioner had no history of
pain, inflammation, or dysfunction of his left shoulder that would explain his
symptoms after vaccination; pain occurred within forty-eight hours after
receipt of an intramuscular vaccination; pain was limited to the shoulder in
which the vaccine was administered; and no other condition or abnormality
has been identified to explain petitioner’s shoulder pain.
Id. at 5. Respondent further agrees that
[w]ith respect to other statutory and jurisdictional issues, the records show
that petitioner timely filed his claim (see 42 U.S.C. § 300aa-16(a)(2)), that
he received the flu vaccine in the United States (see 42 U.S.C. § 300aa-
11(c)(1)(B)(i)(I)), and that he satisfies the statutory severity requirement by
suffering the residual effects or complications of his injury for more than six
months after vaccine administration (see 42 U.S.C. § 300aa-11(c)(1)(D)(i)).
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-00967-1
Date issued/filed: 2023-02-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/23/2023) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00967-UNJ Document 41 Filed 02/24/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-967V
UNPUBLISHED
ALBERTO S. GALVAN, Chief Special Master Corcoran
Petitioner, Filed: January 23, 2023
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)
John Leonard Shipley, Davis, CA, for Petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 22, 2021, Alberto Galvan 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 Table injury – Shoulder Injury Related
to Vaccine Administration (SIRVA) – as a result of his November 6, 2018 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On January 11, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On January 20, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $75,000.00. Proffer
at 1. 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-00967-UNJ Document 41 Filed 02/24/23 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $75,000.00 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-00967-UNJ Document 41 Filed 02/24/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ALBERTO S. GALVAN,
Petitioner, No. 21-967V
ECF
v.
Chief Special Master Corcoran
SECRETARY OF HEALTH AND Special Processing Unit (SPU)
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION
On February 22, 2021, Alberto Galvan (“petitioner”) timely filed a petition for
compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the
Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that he received an
influenza (“flu”) vaccination on November 6, 2018, and thereafter suffered from a left-sided
shoulder injury related to vaccine administration (“SIRVA”). See Petition at 1. On January 6,
2023, respondent filed a Rule 4(c) Report recommending compensation be awarded. ECF No.
32. On January 11, 2023, the Chief Special Master issued a Ruling on Entitlement finding that
petitioner is entitled to compensation. ECF No. 33.
I. Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$75,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
1 Should petitioner die prior to the 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 lost earnings, and future pain and suffering.

Case 1:21-vv-00967-UNJ Document 41 Filed 02/24/23 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 of $75,000.00, in the form of a check payable to petitioner, which represents
all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-
15(a). Petitioner agrees.
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/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4138
claudia.gangi@usdoj.gov
DATED: January 20, 2023
2