VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00041 Package ID: USCOURTS-cofc-1_24-vv-00041 Petitioner: Andrew Bublitz Filed: 2024-01-11 Decided: 2025-10-17 Vaccine: influenza Vaccination date: 2021-01-21 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 102274.01 AI-assisted case summary: On January 11, 2024, Andrew Bublitz filed a petition alleging that an influenza vaccine administered on January 21, 2021 caused a shoulder injury related to vaccine administration. Respondent filed a Rule 4(c) report conceding that the claim satisfied the Table criteria for SIRVA and all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran granted entitlement on December 3, 2024. The public entitlement and damages decisions are concise and do not describe the full medical course, including exact onset, treatment history, imaging, or functional limitations. On October 17, 2025, respondent filed a damages proffer with Mr. Bublitz's agreement. Chief Special Master Corcoran awarded $102,274.01 as a lump sum: $100,000.00 for pain and suffering and $2,274.01 for unreimbursed expenses. The award represents all damages available under Section 15(a). Theory of causation field: Influenza vaccine, January 21, 2021, alleged SIRVA. COMPENSATED. Respondent conceded Table SIRVA and all legal prerequisites; entitlement December 3, 2024. Award October 17, 2025: $102,274.01 ($100,000 pain/suffering + $2,274.01 unreimbursed expenses). Chief Special Master Corcoran; respondent Ryan Nelson. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00041-0 Date issued/filed: 2025-01-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/03/2024) regarding 17 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00041-UNJ Document 20 Filed 01/07/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-41V ANDREW BUBLITZ, Chief Special Master Corcoran Petitioner, Filed: December 3, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brian L. Cinelli, Schiffmacher Cinelli Adoff LLP, Buffalo, NY, for Petitioner. Theodore Van Beek, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 11, 2024, Andrew Bublitz 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”) following an influenza vaccine administered on January 21, 2021. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that he suffered from his injury for more than six months, and that he has not filed any other action for his vaccine-related injury. Petition at 1-2. 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 1:24-vv-00041-UNJ Document 20 Filed 01/07/25 Page 2 of 2 On November 8, 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 Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a SIRVA. Id. at 5-6. Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. at 6. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-00041-1 Date issued/filed: 2025-11-17 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 10/17/2025) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00041-UNJ Document 36 Filed 11/17/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-41V ANDREW BUBLITZ, Chief Special Master Corcoran Petitioner, Filed: October 17, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brian L. Cinelli, Schiffmacher Cinelli Adoff LLP, Buffalo, NY, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 11, 2024, Andrew Bublitz 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”) following an influenza vaccine administered on January 21, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 3, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On October 17, 2025, Respondent filed a proffer on award of compensation indicating Petitioner should be awarded $102,274.01 (comprised of $100,000.00 for pain and suffering and $2,274.01 for unreimbursed expenses). Respondent’s Proffer on Award of Compensation (“Proffer”) at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. 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 1:24-vv-00041-UNJ Document 36 Filed 11/17/25 Page 2 of 5 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 lump sum payment of $102,274.01 (comprised of $100,000.00 for pain and suffering and $2,274.01 for unreimbursed expenses) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 1:24-vv-00041-UNJ Document 36 Filed 11/17/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ANDREW BUBLITZ, Petitioner, No. 24-41V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 11, 2024, Andrew Bublitz (“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, 42 C.F.R. § 100.3, as the result of an influenza (“flu”) vaccination received on January 21, 2021. Petition at 1. On November 8, 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 December 3, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 16; ECF No. 17. I. Items of Compensation Respondent proffers that petitioner should be awarded $100,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Respondent proffers that petitioner should be awarded $2,274.01 in unreimbursed expenses. See 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees. Case 1:24-vv-00041-UNJ Document 36 Filed 11/17/25 Page 4 of 5 This 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 $102,274.01 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 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 1:24-vv-00041-UNJ Document 36 Filed 11/17/25 Page 5 of 5 /s/ Ryan A. Nelson RYAN A. NELSON 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) 616-4027 ryan.nelson3@usdoj.gov Dated: October 17, 2025 3