VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00251
Package ID: USCOURTS-cofc-1_22-vv-00251
Petitioner: Marivic Malolos
Filed: 2022-03-04
Decided: 2024-06-03
Vaccine: influenza
Vaccination date: 2020-10-27
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 107115

AI-assisted case summary:
Marivic Malolos filed a petition for compensation under the National Vaccine Injury Compensation Program on March 4, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination administered on October 27, 2020. The petition stated that the vaccine was administered in the United States, that the residual effects of the injury lasted for more than six months, and that no award or settlement had been made on her behalf for this injury. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 1, 2024, the respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent concluded that the petitioner's injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's position and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 6, 2024, finding the petitioner entitled to compensation. Subsequently, on April 30, 2024, the respondent filed a proffer on award of compensation, indicating that the petitioner should be awarded a total of $107,115.76. This amount comprised $95,000.00 for pain and suffering and $12,115.76 for past unreimbursable expenses. The petitioner agreed with the proffered award. On June 3, 2024, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Marivic Malolos the total sum of $107,115.76 as a lump sum payment in the form of a check payable to her. This award represents compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C., and respondent was represented by Benjamin Patrick Warder of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond it being a SIRVA.

Theory of causation field:
Marivic Malolos filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on October 27, 2020. The respondent conceded that the injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation were met. The case was determined to be a Table Injury. No specific medical experts were named in the public text. The respondent filed a proffer on award of compensation, which the petitioner agreed to. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 6, 2024, and a Decision Awarding Damages on June 3, 2024. The award totaled $107,115.76, consisting of $95,000.00 for pain and suffering and $12,115.76 for past unreimbursable expenses. Petitioner was represented by Jonathan Joseph Svitak, and respondent was represented by Benjamin Patrick Warder.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00251-0
Date issued/filed: 2024-03-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/06/2024) regarding 29 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00251-UNJ Document 32 Filed 03/08/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-251V
MARIVIC MALOLOS, Chief Special Master Corcoran
Petitioner, Filed: February 6, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On March 4, 2022, Marivic Malolos 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on
October 27, 2020. Petition at 1. Petitioner further alleges that the vaccine was
administered within the United States, that she experienced the residual effects of her
injury for more than six months, and that there has been no award or settlement on her
behalf for her injury. Petition at 6-7. 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-00251-UNJ Document 32 Filed 03/08/24 Page 2 of 2
On February 1, 2024, 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 has concluded that Petitioner’s injury is consistent with a
SIRVA as defined by the Vaccine Injury Table. Id. at 4. Respondent further agrees that
Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. 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-00251-1
Date issued/filed: 2024-06-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/30/2024) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00251-UNJ Document 42 Filed 06/03/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-251V
MARIVIC MALOLOS, Chief Special Master Corcoran
Petitioner, Filed: April 30, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On March 4, 2022, Marivic Malolos 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 shoulder injury related to vaccine
administration (“SIRVA”) following an influenza vaccination administered on October 27,
2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On February 1, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On April 30, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $107,115.76
(comprised of $95,000.00 for pain and suffering and $12,115.76 for past unreimbursable
expenses). Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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-00251-UNJ Document 42 Filed 06/03/24 Page 2 of 5
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 attached Proffer, I award Petitioner a lump
sum payment of $107,115.76 (comprised of $95,000.00 for pain and suffering and
$12,115.76 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

Case 1:22-vv-00251-UNJ Document 42 Filed 06/03/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARIVIC MALOLOS,
Petitioner,
No. 22-251V (ECF)
v.
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 4, 2022, Marivic Malolos (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
vaccine that she received on October 27, 2020. ECF No. 1 at 1. On February 1, 2024, the
Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) report indicating that
this case was appropriate for compensation under the terms of the Vaccine Act for a SIRVA
Table Injury. ECF No. 28. On February 6, 2024, the Chief Special Master issued a Ruling on
Entitlement finding that petitioner was entitled to compensation. ECF No. 29.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $95,000.00 for pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00251-UNJ Document 42 Filed 06/03/24 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses pertaining to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $12,115.76. See 42 U.S.C. §
300aa-15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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 as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following:1 a lump sum payment of $107,115.76, in the form of
a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Marivic Malolos: $107,115.76
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:22-vv-00251-UNJ Document 42 Filed 06/03/24 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Benjamin P. Warder
BENJAMIN P. WARDER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 532-5464
Email: Benjamin.P.Warder@usdoj.gov
DATE: April 30, 2024
3