VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00870
Package ID: USCOURTS-cofc-1_23-vv-00870
Petitioner: Christopher Gorlinski
Filed: 2023-06-12
Decided: 2024-09-11
Vaccine: influenza
Vaccination date: 2022-09-27
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 53283

AI-assisted case summary:
Christopher Gorlinski filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination he received on September 27, 2022. He claimed the injury resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Gorlinski's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master issued a Ruling on Entitlement finding Mr. Gorlinski entitled to compensation. Subsequently, the parties submitted a Proffer on Damages. The respondent recommended an award of $52,500.00 for pain and suffering and $783.37 for past unreimbursable expenses, totaling $53,283.37. Mr. Gorlinski agreed with this proposed award. The Chief Special Master issued a Decision Awarding Damages, granting a lump sum payment of $53,283.37 to Mr. Gorlinski for pain and suffering and past unreimbursable expenses, representing 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-00870-0
Date issued/filed: 2024-07-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/24/2024) 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-00870-UNJ Document 23 Filed 07/25/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-870V
CHRISTOPHER GORLINSKI, Chief Special Master Corcoran
Petitioner, Filed: June 24, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 12, 2023, Christopher Gorlinski (“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 he suffered from a
shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving an
influenza (“flu”) vaccination on September 27, 2022. Pet., ECF No. 1. Petitioner further
alleges that he suffered the residual effects of his injury for more than six months. Id. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 17, 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. 19. Specifically, Respondent indicated that “[P]etitioner’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-00870-UNJ Document 23 Filed 07/25/24 Page 2 of 2
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent does
not dispute that Petitioner “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-00870-1
Date issued/filed: 2024-09-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/06/2024) regarding 25 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00870-UNJ Document 29 Filed 09/11/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-870V
CHRISTOPHER GORLINSKI, Chief Special Master Corcoran
Petitioner, Filed: August 6, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 12, 2023, Christopher Gorlinski 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”) as a result of an influenza (“flu”) vaccination administered to him
on September 27, 2022. Pet., ECF No. 1. Petitioner further alleges that the vaccine was
received in the United States, he suffered sequela of his 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 his vaccine-related injury. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On June 24, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled
to compensation for his SIRVA. ECF No. 21. On August 5, 2024, Respondent filed a
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-00870-UNJ Document 29 Filed 09/11/24 Page 2 of 5
Proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$52,500.00 in pain and suffering and $783.37 in past unreimbursable expenses. Proffer
at 1-2, ECF No. 24. 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 $53,283.37 for pain and suffering and 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

Case 1:23-vv-00870-UNJ Document 29 Filed 09/11/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CHRISTOPHER GORLINSKI,
Petitioner,
No. 23-870V
v.
Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON DAMAGES
On June 12, 2023, Christopher Gorlinski (“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 Table shoulder injury related to vaccine
administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on
September 27, 2022. Petition at 1. On June 17, 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 June 24, 2024, the
Chief Special Master issued a Ruling on Entitlement finding petitioner was entitled to
compensation. ECF Nos. 19, 21.
I. Item of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $52,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
1

Case 1:23-vv-00870-UNJ Document 29 Filed 09/11/24 Page 4 of 5
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $783.37. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner
agrees.
These amounts represent 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 $53,283.37 in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Christopher Gorlinski: $53,283.37
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
VORIS E. JOHNSON
Assistant 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. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:23-vv-00870-UNJ Document 29 Filed 09/11/24 Page 5 of 5
/s/ Mary Novakovic
MARY NOVAKOVIC
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) 616-2879
Date: August 5, 2024 Email: Mary.E.Novakovic@usdoj.gov
3