VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00480
Package ID: USCOURTS-cofc-1_22-vv-00480
Petitioner: Yul Bernard
Filed: 2022-04-29
Decided: 2024-11-22
Vaccine: influenza
Vaccination date: 2019-10-16
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Yul Bernard filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Table shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on October 16, 2019. He further alleged that he suffered the residual effects of his injury for more than six months after the vaccination. The respondent conceded that Petitioner is entitled to compensation, agreeing that his injury was consistent with SIRVA as defined by the Vaccine Injury Table. Respondent confirmed that Bernard had no prior history of shoulder pain, that pain occurred within 48 hours after the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that Bernard suffered residual effects for more than six months and met all legal prerequisites for compensation. A ruling on entitlement was issued on December 27, 2023, finding Petitioner entitled to compensation. Subsequently, on October 23, 2024, the parties filed a proffer on award of compensation. The court awarded Yul Bernard a total of $70,000.00 in pain and suffering, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00480-0
Date issued/filed: 2024-01-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/27/2023) regarding 40 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00480-UNJ Document 42 Filed 01/26/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0480V
YUL BERNARD,
Chief Special Master Corcoran
Petitioner,
v.
Filed: December 27, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 29, 2022, Yul Bernard 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 he suffered a Table shoulder injury related to vaccine
administration (“SIRVA”), as a result of an influenza (“flu”) vaccination he received on
October 16, 2019. Petition at 1. Petitioner further alleges that he suffered the residual
effects of his injury for more than six months after the administration of his flu vaccine.
Amended Petition at 18. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On December 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)
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-00480-UNJ Document 42 Filed 01/26/24 Page 2 of 2
Report at 1. Specifically, Respondent states that Petitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table. Id. at 5. Respondent further agrees
that “petitioner had no history of pain, inflammation, or dysfunction of his left shoulder
prior to vaccination; 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. Respondent also agrees that Petitioner suffered the residual effects of his condition
for more than six months and has satisfied all legal prerequisites for compensation under
the 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-00480-1
Date issued/filed: 2024-11-22
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/23/2024) regarding 57 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00480-UNJ Document 61 Filed 11/22/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0480V
YUL BERNARD, Chief Special Master Corcoran
Petitioner,
v. Filed: October 23, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 29, 2022, Yul Bernard 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 he suffered a Table shoulder injury related to vaccine
administration (“SIRVA”), as a result of an influenza (“flu”) vaccination he received on
October 16, 2019. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On December 27, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On October 23, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $70,000.00, in
pain and suffering. Proffer at 1-2. 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.
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-00480-UNJ Document 61 Filed 11/22/24 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $70,000.00 (in pain and suffering), 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-00480-UNJ Document 61 Filed 11/22/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
YUL BERNARD,
Petitioner,
v. No. 22-480V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On April 29, 2022, Yul Bernard (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
-34, as amended. He alleges that he sustained a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, within the Table time
period following administration of an influenza vaccine he received on October 16, 2019. See
Petition at 1. On December 27, 2023, respondent filed his Vaccine Rule 4(c) report, indicating
that this case is appropriate for compensation under the terms of the Act for a SIRVA Table
injury. ECF No. 39. On December 27, 2023, the Chief Special Master issued a ruling on
entitlement, finding that petitioner is entitled to compensation for a SIRVA Table injury. ECF
No. 40.
II. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $70,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1 This proffer does not include attorneys’ fees and costs, which the parties intend to address
after the damages decision is issued.

Case 1:22-vv-00480-UNJ Document 61 Filed 11/22/24 Page 4 of 5
This amount represents all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. 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 following2: a lump sum payment of $70,000.00, in the
form of a check payable to petitioner.
IV. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Yul Bernard: $70,000.00
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney
General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, Jr.
Assistant Director
Torts Branch, Civil Division
2 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 pain
and suffering.
2

Case 1:22-vv-00480-UNJ Document 61 Filed 11/22/24 Page 5 of 5
/s/ Tyler C. King
TYLER C. KING
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-0730
Tyler.king@usdoj.gov
Dated: October 23, 2024
3