VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00043
Package ID: USCOURTS-cofc-1_22-vv-00043
Petitioner: Brianna Aguilar
Filed: 2022-01-12
Decided: 2023-07-20
Vaccine: influenza
Vaccination date: 2019-09-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70805

AI-assisted case summary:
Brianna Aguilar filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 17, 2019. She stated the vaccine was administered in the United States, her shoulder pain and dysfunction persisted for more than six months, and no prior action or compensation had been sought for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Aguilar was entitled to compensation. The respondent agreed that she had no prior history of shoulder issues, that her pain onset was within 48 hours of vaccination, that the pain and reduced range of motion were limited to the injection shoulder, and that no other condition explained her symptoms. The respondent also confirmed the case was timely filed, the vaccine was received in the U.S., and the injury met the statutory severity requirement of lasting more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Aguilar entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $70,805.52, which Ms. Aguilar agreed to. This amount was comprised of $70,000.00 for past pain and suffering and $805.52 for past unreimbursable expenses. The court awarded this lump sum payment to Ms. Aguilar.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00043-0
Date issued/filed: 2023-07-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/15/2023) regarding 47 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00043-UNJ Document 52 Filed 07/19/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0043V
BRIANNA AGUILAR, Chief Special Master Corcoran
Petitioner, Filed: June 15, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Elizabeth Ann Govaerts, Powers Law, Lincoln, NE, for Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 12, 2022, Brianna Aguilar 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 that she suffered a shoulder injury related to
vaccine administration (“SIRVA”) resulting from an influenza vaccine received on
September 17, 2019. Petition at 1. Petitioner further alleges that the vaccine was
administered in the United States, her shoulder pain and dysfunction persisted for more
than six months, and neither Petitioner, nor any other party, has ever filed an action or
received compensation in the form of an award or settlement for her vaccine-related
injury. Petition at ¶¶ 3, 10, 12, 13. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:22-vv-00043-UNJ Document 52 Filed 07/19/23 Page 2 of 2
On June 15, 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 the affected shoulder prior to intramuscular vaccine administration that
would explain the alleged signs, symptoms, examination findings, and/or diagnostic
studies occurring after vaccine injection; she more likely than not suffered the onset of
pain within forty-eight hours of vaccine administration; her pain and reduced range of
motion were limited to the shoulder in which the intramuscular vaccine was administered;
and there is no other condition or abnormality present that would explain petitioner’s
symptoms.” Id. at 5. Respondent further agrees that “the records show that the case was
timely filed, that the vaccine was received in the United States, and that petitioner 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
2

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DOCUMENT 2: USCOURTS-cofc-1_22-vv-00043-1
Date issued/filed: 2023-07-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/15/2023) regarding 48 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00043-UNJ Document 53 Filed 07/20/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0043V
BRIANNA AGUILAR, Chief Special Master Corcoran
Petitioner, Filed: June 15, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Elizabeth Ann Govaerts, Powers Law, Lincoln, NE, for Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 12, 2022, Brianna Aguilar 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 that she suffered a shoulder injury related to
vaccine administration (“SIRVA”) resulting from an influenza vaccine received on
September 17, 2019. Petition at 1. Petitioner further alleges that the vaccine was
administered in the United States, her shoulder pain and dysfunction persisted for more
than six months, and neither Petitioner, nor any other party, has ever filed an action or
received compensation in the form of an award or settlement for her vaccine-related
injury. Petition at ¶¶ 3, 10, 12, 13. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:22-vv-00043-UNJ Document 53 Filed 07/20/23 Page 2 of 2
On June 15, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On June 15, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $70,805.52. Proffer at
6. 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.
Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum
payment of $70,805.52 (comprised of $70,000.00 for past pain and suffering and
$805.52 for past unreimbursable expenses) 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