VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01134
Package ID: USCOURTS-cofc-1_21-vv-01134
Petitioner: Jimmy Zavala
Filed: 2021-03-30
Decided: 2023-02-07
Vaccine: influenza
Vaccination date: 2018-10-16
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Jimmy Zavala filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 16, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Zavala was entitled to compensation. The respondent concluded that Mr. Zavala's claim met the Table criteria for a SIRVA and that he had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Mr. Zavala entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent had proffered an award of $65,000.00, which Mr. Zavala agreed to. The court awarded Mr. Zavala a lump sum payment of $65,000.00, representing compensation for all available damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01134-0
Date issued/filed: 2023-01-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/21/2022) regarding 32 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-01134-UNJ Document 37 Filed 01/25/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1134V
UNPUBLISHED
JIMMY ZAVALA, Chief Special Master Corcoran
Petitioner, Filed: December 21, 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)
Ryan Truesdale, Growth Law Firm, S.C., Wauwatosa, WI, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 30, 2021, Jimmy Zavala 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 right shoulder injury related to vaccine
administration (“SIRVA”) after an influenza vaccine administered on October 16, 2018.
Petition at 1. Petitioner further alleges that the vaccine was administered within the United
States, that he suffered the sequela of his injury for more than six months, and that there
has been no award or compensation for his vaccine-related injury. Petition at 7. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On December 19, 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)
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-01134-UNJ Document 37 Filed 01/25/23 Page 2 of 2
Report Recommending Compensation and Proffer of Compensation at 1. Specifically,
Respondent has concluded that Petitioner’s claim meets the Table criteria for a SIRVA.
Id. at 4. Respondent further agrees that that Petitioner has satisfied all legal prerequisites
for compensation under the Vaccine Act. Id. at 4-5.
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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-01134-1
Date issued/filed: 2023-02-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/21/2022) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-01134-UNJ Document 38 Filed 02/07/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1134V
UNPUBLISHED
JIMMY ZAVALA, Chief Special Master Corcoran
Petitioner, Filed: December 21, 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)
Ryan Truesdale, Growth Law Firm, S.C., Wauwatosa, WI, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 30, 2021, Jimmy Zavala 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 right shoulder injury related to vaccine
administration (“SIRVA”) after an influenza vaccine administered on October 16, 2018.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On December 21, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On December 19, 2022, Respondent filed a proffer
on award of compensation indicating Petitioner should be awarded $65,000.00.
Respondent’s Rule 4(c) Report Recommending Compensation and Proffer of
Compensation (“Proffer”) at 5. In the Proffer, Respondent represented that Petitioner
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-01134-UNJ Document 38 Filed 02/07/23 Page 2 of 2
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.
Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum
payment of $65,000.00 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