VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00127
Package ID: USCOURTS-cofc-1_23-vv-00127
Petitioner: Elsie Boria
Filed: 2023-01-27
Decided: 2024-08-13
Vaccine: influenza
Vaccination date: 2021-11-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Elsie Boria, an adult, received an influenza vaccination on November 14, 2021. She subsequently developed a shoulder injury related to vaccine administration (SIRVA). Ms. Boria alleged that her injury caused residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, conceded that Ms. Boria's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. A Ruling on Entitlement was issued on March 27, 2024, finding her entitled to compensation. Subsequently, on July 11, 2024, the respondent filed a Proffer on award of compensation, recommending an award of $45,000.00 for pain and suffering. Ms. Boria agreed with this proffered award. Based on the record, the Chief Special Master awarded Ms. Boria a lump sum payment of $45,000.00 for 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_23-vv-00127-0
Date issued/filed: 2024-04-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/27/2024) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00127-UNJ Document 31 Filed 04/26/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-127V
ELSIE BORIA, Chief Special Master Corcoran
Petitioner, Filed: March 27, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Beaulieu, Siri & Glimstad, LLP, New York, NY, for Petitioner.
Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 27, 2023, Elsie Boria (“Petitioner”) 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 from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccination
on November 14, 2021. Pet., ECF No. 1. Petitioner further alleges that she suffered the
residual effects of her injury for more than six months. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On March 26, 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, ECF No. 27. Specifically, Respondent indicated that “Petitioner’s alleged injury is
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 1:23-vv-00127-UNJ Document 31 Filed 04/26/24 Page 2 of 2
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4-5. Respondent
agrees that Petitioner “has satisfied all legal prerequisites for compensation under the
Act.” Id. at 5.
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_23-vv-00127-1
Date issued/filed: 2024-08-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/11/2024) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00127-UNJ Document 37 Filed 08/13/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-127V
ELSIE BORIA, Chief Special Master Corcoran
Petitioner, Filed: July 11, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Beaulieu, Siri & Glimstad, LLP, Louisville, KY, for Petitioner.
Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 27, 2023, Elsie Boria 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”) vaccination administered to her
on November 14, 2021. Pet., ECF No. 1. Petitioner further alleges that the vaccine was
received in the United States, she suffered sequela of her injury for more than six months,
and neither Petitioner nor any other party has ever received compensation in the form of
an award or settlement for her vaccine-related injury. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On March 27, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. ECF No. 28. On July 11, 2024, Respondent filed a Proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $45,000.00
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 1:23-vv-00127-UNJ Document 37 Filed 08/13/24 Page 2 of 5
in pain and suffering. Proffer at 1, ECF No. 35. In the Proffer, Respondent represented
that Petitioner agrees with the proffered award. See 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 $45,000.00 for 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 1:23-vv-00127-UNJ Document 37 Filed 08/13/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ELSIE BORIA
Petitioner,
Case No. 23-127V (SPU)
v. Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 27, 2023, Elsie Boria (“petitioner”) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or
“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 she
received on November 14, 2021. Petition at 1. On March 26, 2024, the Secretary of Health and
Human Services (“respondent”) filed a 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. 27, and on March 27,
2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation, ECF No. 28.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $45,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-00127-UNJ Document 37 Filed 08/13/24 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.
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 following1: a lump sum payment of $45,000.00, in the form of a
check payable to the petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to the petitioner, Elsie Boria: $45,000.00
Respectfully submitted,
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
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for
appropriate relief.
2

Case 1:23-vv-00127-UNJ Document 37 Filed 08/13/24 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Ryan Pohlman Miller
RYAN POHLMAN MILLER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station Washington,
D.C. 20044-0146
Tel: (202) 305-3027
Email: ryan.miller2@usdoj.gov
Date: July 11, 2024
3