VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01160
Package ID: USCOURTS-cofc-1_21-vv-01160
Petitioner: Dorinda K. Perez
Filed: 2021-04-06
Decided: 2023-03-27
Vaccine: influenza
Vaccination date: 2020-09-29
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Dorinda K. Perez filed a petition on April 6, 2021, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 29, 2020. She stated the vaccine was received in the United States, her condition persisted for more than six months, and she had not previously collected an award for this injury. The respondent conceded that Ms. Perez is entitled to compensation. The respondent agreed that she had no prior history of shoulder pain, that her pain occurred within 48 hours after the vaccination, was limited to the shoulder where the vaccine was administered, and that no other condition explained her pain. The respondent also confirmed she timely filed her case, received the vaccine in the United States, and met the statutory severity requirement. Based on the respondent's concession and the evidence, the Chief Special Master found Dorinda K. Perez entitled to compensation. The ruling was on entitlement only, with damages to be determined later.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01160-0
Date issued/filed: 2023-03-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/22/2023) regarding 39 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-01160-UNJ Document 42 Filed 03/27/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1160V
UNPUBLISHED
DORINDA K. PEREZ, Chief Special Master Corcoran
Petitioner, Filed: February 22, 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)
Lisa Annette Roquemore, Law Office of Lisa A. Roquemore, Rancho Santa Margarita,
CA, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 6, 2021, Dorinda K. Perez 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 suffered a right shoulder injury related to
vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on
September 29, 2020. Petition at 6. Petitioner further alleges the vaccine was received in
the United States, her condition persisted for more than six months, and she has not
previously collected an award from a civil action for damages for her vaccine-related
injury. Petition at 6; Ex. 1. 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-01160-UNJ Document 42 Filed 03/27/23 Page 2 of 2
On February 21, 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 agrees that “petitioner had no history of pain, inflammation,
or dysfunction of her right shoulder; pain occurred within 48 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 8. Respondent further agrees that “the records show that
petitioner timely filed her case, that she received the flu vaccine in the United States and
that she satisfies the statutory severity requirement by suffering the residual effects or
complications of her injury for more than six months after vaccine administration.” 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
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