VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00473
Package ID: USCOURTS-cofc-1_22-vv-00473
Petitioner: Janet Solorio
Filed: 2022-04-27
Decided: 2024-01-08
Vaccine: Td
Vaccination date: 2021-05-11
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 56345

AI-assisted case summary:
Janet Solorio filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving a tetanus-diphtheria (Td) vaccination on May 11, 2021. She claimed her left shoulder symptoms persisted for more than six months. The respondent conceded that her injury was consistent with a SIRVA Table Injury, noting she had no prior shoulder issues, her pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that her condition's residual effects lasted over six months, satisfying the legal prerequisites for compensation. Consequently, entitlement to compensation was granted. The case then proceeded to damages, where the respondent proffered an award of $56,345.56, consisting of $56,000.00 for pain and suffering and $345.56 for past unreimbursable expenses. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Janet Solorio a lump sum payment of $56,345.56.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00473-0
Date issued/filed: 2023-11-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/30/2023) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00473-UNJ Document 26 Filed 11/30/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0473V
JANET SOLORIO,
Chief Special Master Corcoran
Petitioner,
v.
Filed: October 30, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On April 27, 2022, Janet Solorio 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 Table shoulder injury related to
vaccine administration (“SIRVA”), as the result of her receipt of a tetanus-diphtheria (“Td”)
vaccination on May 11, 2021. Petition at 1. Petitioner further alleges that her left shoulder
symptoms have persisted for more than six months. Petition at 4. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On October 27, 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 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-00473-UNJ Document 26 Filed 11/30/23 Page 2 of 2
1. Specifically, Respondent states “that petitioner’s alleged injury is consistent with a
SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history of
pain, inflammation, or dysfunction in her left shoulder prior to vaccination; petitioner’s pain
occurred within forty-eight hours of her receipt of an intramuscular vaccination;
petitioner’s 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 left shoulder
pain.” Id. at 4-5. Respondent further agrees that “petitioner suffered the residual effects
of her condition for more than six months. Therefore, based on the record as it now
stands, 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_22-vv-00473-1
Date issued/filed: 2024-01-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/07/2023) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00473-UNJ Document 34 Filed 01/08/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0473V
JANET SOLORIO,
Chief Special Master Corcoran
Petitioner,
v.
Filed: December 7, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On April 27, 2022, Janet Solorio 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 Table shoulder injury related to
vaccine administration (“SIRVA”), as the result of her receipt of a tetanus-diphtheria (“Td”)
vaccination on May 11, 2021. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 30, 2023, a ruling on entitlement was issued finding Petitioner entitled
to compensation. On December 7, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $56,345.56,
consisting of $56,000.00 in pain and suffering and $345.56 in 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-00473-UNJ Document 34 Filed 01/08/24 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 $56,345.56, (consisting of $56,000.00 in pain and suffering and
$345.56 in 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-00473-UNJ Document 34 Filed 01/08/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JANET SOLORIO,
Petitioner,
No. 22-473V (ECF)
v.
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 27, 2022, Janet Solorio (“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 a tetanus-
diphtheria (“Td”) vaccine that she received on May 11, 2021. ECF No. 1 at 1. On October 27,
2023, 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. 22. On October 30, 2023, the Chief Special Master issued a
Ruling on Entitlement finding that petitioner was entitled to compensation. ECF No. 23.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $56,000.00 for pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00473-UNJ Document 34 Filed 01/08/24 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 $345.56. 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 $56,345.56, in the form of a
check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Janet Solorio: $56,345.56
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-00473-UNJ Document 34 Filed 01/08/24 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
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: December 7, 2023
3