{"package_id":"USCOURTS-cofc-1_21-vv-01884","decision_granule_id":"USCOURTS-cofc-1_21-vv-01884-1","petitioner_identifier":"Bi Ying Gao","is_minor":0,"age_at_vaccination":null,"age_unit_raw":"years (no age in source - verified)","vaccine_type":"influenza","vaccination_date":"2020-09-28","condition_raw":"shoulder injury related to vaccine administration (SIRVA)","condition_category":"SIRVA","autism_spectrum_adjacent":0,"outcome":"compensated","award_amount_usd":162613,"decision_date":"2023-09-22","extraction_version":"gemini-v2","extracted_at":"2026-04-30T03:01:51.204454+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Petitioner Bi Ying Gao received an influenza vaccine on September 28, 2020, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that the injury met the criteria of the Vaccine Injury Table for SIRVA and satisfied the statutory severity requirement. The public decision does not detail the specific mechanism of injury or name any medical experts. The award was based on the severity and duration of the injury, including prompt medical attention, multiple steroid injections, physical therapy, and arthroscopic surgery. Chief Special Master Brian H. Corcoran awarded $155,000.00 for actual pain and suffering and $7,613.30 for actual unreimbursable expenses, totaling $162,613.30. Petitioner was represented by Jimmy A. Zgheib, and Respondent was represented by Andrew Henning.","is_death":0,"date_of_death":null,"petition_filed_date":"2021-09-22","case_summary":"Bi Ying Gao filed a petition for compensation under the National Vaccine Injury Compensation Program on September 22, 2021, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine administered on September 28, 2020. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation on January 26, 2023, agreeing that Ms. Gao met the criteria for a Table injury, satisfied the Qualifications and Aids to Interpretation for SIRVA, filed her case timely, received the vaccine in the United States, and met the statutory severity requirement by suffering residual effects for more than six months. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement finding Ms. Gao entitled to compensation. The parties were unable to agree on the quantum of damages, leading to a separate decision on compensation. Following a briefing schedule and an expedited hearing on July 14, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages on September 22, 2023. The decision noted that Ms. Gao's petition was supported by medical records and declarations, and she later filed updated medical records and expense documentation. She initially conveyed a demand in October 2022 and waived a potential lost wages claim in January 2023. The Special Master considered factors such as awareness of injury, severity, and duration of suffering, reviewing Ms. Gao's medical records, declarations, filings, and arguments from both parties. The decision highlighted Ms. Gao's prompt medical attention within two weeks of vaccination, including a first steroid injection, followed by three additional steroid injections, pain medications, an MRI, and 32 physical therapy sessions leading to arthroscopic surgery 13 months post-vaccination. Post-surgery, she experienced residual pain and impingement signs, necessitating an additional 32 physical therapy sessions, a second MRI, and two more steroid injections, with the last occurring 21 months post-vaccination. The Special Master found that Ms. Gao's case reflected more severe pain and suffering than cited respondent cases, citing earlier medical treatment, a greater number of PT sessions, and more cortisone injections. Ms. Gao demanded $180,000.00 for pain and suffering, while the respondent suggested $105,000.00. The Special Master awarded $155,000.00 for actual pain and suffering, finding it a fair and appropriate amount based on the specific circumstances, including prompt medical attention, arthroscopic surgery, numerous injections and PT sessions, and the orthopedist's acknowledgment of ongoing pain and limited range of motion. For actual unreimbursable expenses, Ms. Gao claimed $9,226.07, later adjusted to $8,372.52 after removing duplicative expenses, and ultimately requested $7,613.30 for expenses she had paid or for which balances were owed. The Special Master awarded $7,613.30 for actual unreimbursable expenses, noting that proof of payment for some balances was not provided but that the award should not be delayed. The total award was $162,613.30, comprising $155,000.00 for pain and suffering and $7,613.30 for unreimbursable expenses. Petitioner's counsel was Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent's counsel was Andrew Henning of the U.S. Department of Justice. Chief Special Master Brian H. Corcoran issued both the Ruling on Entitlement and the Decision Awarding Damages.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":"Bi Ying Gao","petitioner_attorney_name":"Jimmy A. Zgheib","petitioner_attorney_firm":"Zgheib Sayad, P.C.","petitioner_attorney_location":"White Plains, NY","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:44:16","attorney_canonical_keys":"|james-zgheib|","firm_canonical_key":"zgheib-sayad","package_title":"GAO v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01884","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01884.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01884.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_21-vv-01884-0","title":"GAO v. 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