VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00297
Package ID: USCOURTS-cofc-1_24-vv-00297
Petitioner: Jennifer Gastelum
Filed: 2024-10-10
Decided: 2025-02-10
Vaccine: influenza
Vaccination date: 2022-09-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Jennifer Gastelum filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 28, 2022. She claimed residual symptoms for more than six months. The respondent conceded entitlement, stating her injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, she had no prior shoulder issues, pain occurred within 48 hours post-vaccination, and symptoms were limited to the injection site shoulder, with no other identified cause. The respondent agreed that she met all legal prerequisites for compensation. Based on the respondent's concession and the record, entitlement to compensation was granted. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $55,000.00 for pain and suffering, which the petitioner agreed to. This amount represents all elements of compensation to which she is entitled. The court awarded Jennifer Gastelum a lump sum payment of $55,000.00 in pain and suffering.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_24-vv-00297-0
Date issued/filed: 2024-11-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/10/2024) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:24-vv-00297-UNJ Document 24 Filed 11/19/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0297V
JENNIFER GASTELUM, Chief Special Master Corcoran
Petitioner, Filed: October 10, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On February 26, 2024, Jennifer Gastelum 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”) following an influenza vaccination she received on September
28, 2022. Petition at ¶ 1. Petitioner further alleges that she has suffered the residual
symptoms of her SIRVA for more than six months. Petition at ¶ 7. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On October 7, 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 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-00297-UNJ Document 24 Filed 11/19/24 Page 2 of 2
1. Respondent states that “Petitioner’s alleged injury is consistent with SIRVA as defined
by the Vaccine Injury Table. Specifically, Petitioner had no history of pain, inflammation,
or dysfunction of her left shoulder prior to vaccination; pain occurred within forty-eight
hours after receipt of an intramuscular vaccination; pain and reduced range of motion 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 6. Respondent
further agrees that “based on the record as it now stands, 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_24-vv-00297-1
Date issued/filed: 2025-02-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/08/2025) regarding 27 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:24-vv-00297-UNJ Document 33 Filed 02/10/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0297V
JENNIFER GASTELUM, Chief Special Master Corcoran
Petitioner, Filed: January 8, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On February 26, 2024, Jennifer Gastelum 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”) following an influenza vaccination she received on September
28, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On October 10, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On January 7, 2025, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $55,000.00 in 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.
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-00297-UNJ Document 33 Filed 02/10/25 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $55,000.00 in 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 1:24-vv-00297-UNJ Document 33 Filed 02/10/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JENNIFER GASTELUM,
Petitioner, No. 24-297V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 26, 2024, Jennifer Gastelum (“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 a
seasonal influenza (“flu”) vaccine she received on September 28, 2022. Petition at 1.
On October 7, 2024, the Secretary of Health and Human Services (“respondent”) filed a
Rule 4(c) report conceding entitlement to compensation, and on October 10, 2024 the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
Nos. 15, 18.
I. Compensation
Respondent proffers that petitioner should be awarded $55,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which
petitioner is entitled under § 300aa-15(a). Petitioner agrees.

Case 1:24-vv-00297-UNJ Document 33 Filed 02/10/25 Page 4 of 5
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 following: a lump sum payment of $55,000.00, in the form of a
check payable to petitioner. 1
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Jennifer Gastelum: $55,000.00.
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
TRACI R. PATTON
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:24-vv-00297-UNJ Document 33 Filed 02/10/25 Page 5 of 5
/s/ Benjamin Eisenberg
BENJAMIN EISENBERG
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
(202) 514-4074
Benjamin.Eisenberg@usdoj.gov
DATED: Tuesday, January 7, 2025
3