VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00257
Package ID: USCOURTS-cofc-1_23-vv-00257
Petitioner: Joseph Hernandez
Filed: 2023-02-22
Decided: 2024-07-02
Vaccine: influenza
Vaccination date: 2021-09-17
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Joseph Hernandez filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine he received on September 17, 2021. The respondent conceded that Mr. Hernandez is entitled to compensation, agreeing that his injury is consistent with SIRVA as defined by the Vaccine Injury Table. The respondent confirmed that Mr. Hernandez had no prior history of shoulder issues, that his pain occurred within 48 hours after vaccination, was limited to the injection site, and no other condition could explain the pain. Furthermore, the respondent agreed that Mr. Hernandez suffered residual effects for more than six months and met all legal prerequisites for compensation. Based on the entitlement ruling and the respondent's concession, a ruling on entitlement was issued on January 29, 2024. Subsequently, on May 30, 2024, the respondent filed a proffer recommending an award of $65,000.00 for past pain and suffering, which Mr. Hernandez agreed to. The court issued a decision awarding Mr. Hernandez a lump sum payment of $65,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00257-0
Date issued/filed: 2024-02-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/29/2024) regarding 21 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00257-UNJ Document 23 Filed 02/29/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0257V
JOSEPH HERNANDEZ, Chief Special Master Corcoran
Petitioner, Filed: January 29, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 22, 2023, Joseph Hernandez 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 left shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza vaccine received on September 17,
2021. Petition at 1. Petitioner further alleges that the vaccine was received in the United
States, his SIRVA symptoms 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, 7-9. 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 1:23-vv-00257-UNJ Document 23 Filed 02/29/24 Page 2 of 2
On January 18, 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 agrees that Petitioner’s injury is consistent with SIRVA as
defined by the Vaccine Injury Table in 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. at 4. Respondent further agrees that the medical
records demonstrate that Petitioner suffered the residual effects of his condition for more
than six months, and Petitioner has satisfied all legal prerequisites for compensation. 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_23-vv-00257-1
Date issued/filed: 2024-07-02
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 5/31/2024) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00257-UNJ Document 32 Filed 07/02/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0257V
JOSEPH HERNANDEZ, Chief Special Master Corcoran
Petitioner, Filed: May 31, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 22, 2023, Joseph Hernandez 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 left shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza vaccine received on September 17,
2021. Petition at 1. Petitioner further alleges that the vaccine was received in the United
States, his SIRVA symptoms 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, 7-9. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On January 29, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On May 30, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $65,000.00. Proffer at
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-00257-UNJ Document 32 Filed 07/02/24 Page 2 of 5
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $65,000.00 (for past 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-00257-UNJ Document 32 Filed 07/02/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JOSEPH HERNANDEZ, )
)
Petitioner, ) No. 23-257V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________)
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On February 22, 2023, Joseph Hernandez (“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”), as amended, alleging a left shoulder injury related to vaccine administration
(“SIRVA”), resulting from petitioner’s receipt of an influenza (“flu”) vaccination on September
17, 2021. Petition at 1. On January 18, 2024, respondent filed his Vaccine Rule 4(c) Report,
concluding that petitioner suffered from SIRVA as defined by the Vaccine Injury Table, within
the Table timeframe. ECF No. 19. On January 29, 2024, Chief Special Master Corcoran issued
a ruling on entitlement, finding that petitioner is entitled to compensation for a SIRVA Table
injury. ECF No. 21.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:23-vv-00257-UNJ Document 32 Filed 07/02/24 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $65,000.00 solely for past pain and suffering. 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
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: A lump sum payment of $65,000.00 in
the form of a check payable to petitioner.2 Petitioner agrees.
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:23-vv-00257-UNJ Document 32 Filed 07/02/24 Page 5 of 5
s/ Joseph A. Lewis
JOSEPH A. LEWIS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146,
Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 451-7495
E: joseph.a.lewis@usdoj.gov
DATED: May 30, 2024
3