VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00279
Package ID: USCOURTS-cofc-1_23-vv-00279
Petitioner: Eugene Lorenzo Wilson
Filed: 2023-02-27
Decided: 2025-10-22
Vaccine: influenza
Vaccination date: 2021-10-13
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
On February 27, 2023, Eugene Lorenzo Wilson filed a petition alleging that he suffered a right shoulder injury related to vaccine administration after an influenza vaccination on October 13, 2021. The case proceeded in the Special Processing Unit. Respondent filed a Rule 4(c) report on February 26, 2024 conceding that Mr. Wilson's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he had satisfied the legal prerequisites for compensation. Chief Special Master Brian H. Corcoran granted entitlement on February 27, 2024.

Mr. Wilson died from unrelated causes on May 19, 2024, before damages were resolved. The later damages decision explains that counsel worked to identify the estate representative and heir, and that Aaron Foley was appointed personal representative of Mr. Wilson's estate. Mark E. Schmidt was substituted as petitioner's counsel in October 2025 after prior counsel's illness and death.

On October 22, 2025, respondent filed a proffer of damages with petitioner's agreement. Chief Special Master Corcoran awarded a lump sum of $60,000.00 for Mr. Wilson's pain and suffering, representing all damages available under Section 15(a), payable through counsel's IOLTA account for prompt disbursement to the estate. The public decisions do not describe detailed treatment records beyond the conceded SIRVA entitlement.

Theory of causation field:
Influenza vaccine, October 13, 2021, causing right SIRVA. COMPENSATED. Respondent conceded Table SIRVA in a Rule 4(c) report; Chief Special Master Corcoran granted entitlement February 27, 2024. Mr. Wilson later died from unrelated causes on May 19, 2024, and Aaron Foley proceeded as personal representative of the estate. Award October 22, 2025: $60,000 pain and suffering, all Section 15(a) damages, lump sum via counsel IOLTA. Attorney Mark E. Schmidt; respondent Austin Joel Egan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00279-0
Date issued/filed: 2024-03-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/27/2024) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00279-UNJ Document 24 Filed 03/29/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0279V
EUGENE LORENZO WILSON, Chief Special Master Corcoran
Petitioner, Filed: February 27, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Joseph Michael Russell, Von Briesen & Roper, S.C., Milwaukee, WI, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 27, 2023, Eugene Lorenzo Wilson 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 right shoulder injury related to
vaccine administration (“SIRVA”), a defined Table injury, or in the alternative a causation-
in-fact injury, after receiving an influenza vaccine on October 13, 2021. Petition at 1, ¶¶
2, 34. Petitioner further alleges she received the vaccine within the United States, that he
has suffered the residual effects of his injury more than six months, and that neither he
nor any other party has filed a civil action or received compensation for his injury. Id. at
¶¶ 2, 35-37. 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-00279-UNJ Document 24 Filed 03/29/24 Page 2 of 2
On February 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. Specifically, Respondent “has concluded that [P]etitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table.” Id. at 6. Respondent further states
that “based on the records as it now stands, [P]etitioner 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_23-vv-00279-1
Date issued/filed: 2025-11-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/22/2025) regarding 41 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00279-UNJ Document 45 Filed 11/24/25 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0279V
AARON FOLEY as Personal
Representative of the Estate of Chief Special Master Corcoran
EUGENE LORENZO WILSON,
Filed: October 22, 2025
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Mark E. Schmidt, Von Briesen & Roper, S.C., Milwaukee, WI, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 27, 2023, Eugene Lorenzo Wilson filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2
(the “Vaccine Act”). Mr. Wilson alleged that he suffered a right shoulder injury related to
vaccine administration (“SIRVA”), a defined Table injury, or in the alternative a causation-
in-fact injury, after receiving an influenza vaccine on October 13, 2021. Petition at 1, ¶¶
2, 34. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
Exactly one year later, on February 27, 2024, I issued a ruling on entitlement,
finding Mr. Wilson entitled to compensation for his SIRVA. Sadly, Mr. Wilson passed away
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-00279-UNJ Document 45 Filed 11/24/25 Page 2 of 4
from circumstances unrelated to his vaccine injury on May 19, 2024. Petitioner’s former
counsel Joseph Russell was attempting to determine the appropriate representative of
Mr. Wilson’s estate so that individual could be substituted as Petitioner. See, e.g., Status
Report, filed July 30, 2024, ECF No. 28. He had determined that Mr. Wilson had one
apparent heir, his only child Juan Gracia, and “passed away intestate and without assets
in Milwaukee County, while Mr. Garcia resides in King County, Illinois.” Status Report filed
Jan. 7, 2025, ECF No. 33. Unfortunately, Mr. Russell then became ill and has passed
away as well. See, e.g., Status Report, June 6, 2025, ECF No. 35.
On October 10, 2025, in response to a motion from Petitioner, another attorney at
Mr. Russell’s law firm, Mark E. Schmidt, was substituted as Petitioner’s counsel of record.
ECF No. 39. And Attorney Aaron Foley, who has been appointed representative of Mr.
Wilson’s estate and began proceedings to establish Mr. Juan Gracia as Mr. Wilson’s sole
heir, was designated as Petitioner. Id.
On October 22, 2025, Respondent filed a proffer on award of compensation
(“Proffer”) indicating Petitioner should be awarded $60,000.00 for Mr. Wilson’s pain and
suffering. Proffer at 1. 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, as
Personal Representative of the Estate of Eugene Lorenzo Wilson, a lump sum
payment of $60,000.00 for Mr. Wilson’s pain and suffering, to be paid through an
ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to
Petitioner, as Personal Representative of the Estate of Eugene Lorenzo Wilson.
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-00279-UNJ Document 45 Filed 11/24/25 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
AARON FOLEY, as personal )
representative of the estate of )
EUGENE LORENZO WILSON, )
)
Petitioner, )
) No. 23-279V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER OF DAMAGES
On February 27, 2023, Eugene Lorenzo Wilson 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza (“flu”) vaccine he received on October 13, 2021. Pet. at 1. On February 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, and on February 27, 2024, the Chief Special Master issued a Ruling on Entitlement
finding Mr. Wilson was entitled to compensation. ECF Nos. 20-21.
I. Items of Compensation
Based on the evidence of record, respondent proffers that petitioner should be awarded
$60,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.

Case 1:23-vv-00279-UNJ Document 45 Filed 11/24/25 Page 4 of 4
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 $60,000.00 to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ AUSTIN J. EGAN
Austin J. Egan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 451-7479
Austin.J.Egan@usdoj.gov
Date: October 22, 2025
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