VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00658
Package ID: USCOURTS-cofc-1_22-vv-00658
Petitioner: Emmanuel Ayala
Filed: 2022-06-15
Decided: 2023-09-29
Vaccine: Tdap
Vaccination date: 2021-05-25
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 42990

AI-assisted case summary:
Emmanuel Ayala filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus diphtheria acellular pertussis (Tdap) vaccine he received on May 25, 2021. He stated that the vaccine was administered in the United States, his symptoms persisted for more than six months, and he had no prior history of shoulder issues. The respondent, the Secretary of Health and Human Services, conceded that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent agreed that Petitioner had no prior shoulder pain, that pain occurred within 48 hours after vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that Petitioner suffered residual effects for more than six months and met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. The parties subsequently stipulated to an award of $42,990.00, which included $42,500.00 for pain and suffering and $490.00 for past unreimbursable expenses. The court issued a decision awarding this lump sum payment to Emmanuel Ayala.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00658-0
Date issued/filed: 2023-09-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/30/2023) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00658-UNJ Document 32 Filed 09/29/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0658V
EMMANUEL AYALA, Chief Special Master Corcoran
Petitioner, Filed: August 30, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 15, 2022, Emmanuel Ayala 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 shoulder injury related to vaccine
administration (“SIRVA”) resulting from a tetanus diphtheria acellular pertussis (“Tdap”)
vaccine received on May 25, 2021. Petition at 1. Petitioner further alleges that the vaccine
was administered in the United States, his symptoms have persisted for more than six
months, and neither Petitioner, nor any other party, has ever filed any action or received
compensation in the form of an award or settlement for Petitioner’s vaccine-related injury.
Petition at ¶¶ 1, 9-11. 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-00658-UNJ Document 32 Filed 09/29/23 Page 2 of 2
On August 29, 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’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table. Specifically, 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. at 4. Respondent further
agrees that the records demonstrate 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-00658-1
Date issued/filed: 2023-09-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/30/2023) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00658-UNJ Document 33 Filed 09/29/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0658V
EMMANUEL AYALA, Chief Special Master Corcoran
Petitioner, Filed: August 30, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 15, 2022, Emmanuel Ayala 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 shoulder injury related to vaccine
administration (“SIRVA”) resulting from a tetanus diphtheria acellular pertussis (“Tdap”)
vaccine received on May 25, 2021. Petition at 1. Petitioner further alleges that the vaccine
was administered in the United States, his symptoms have persisted for more than six
months, and neither Petitioner, nor any other party, has ever filed any action or received
compensation in the form of an award or settlement for Petitioner’s vaccine-related injury.
Petition at ¶¶ 1, 9-11. 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-00658-UNJ Document 33 Filed 09/29/23 Page 2 of 2
On August 30, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On August 29, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $42,990.00. Proffer at
5. 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 $42,990.00 (comprised of $42,500.00 in pain and suffering and $490.00
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