VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00405
Package ID: USCOURTS-cofc-1_24-vv-00405
Petitioner: Marangelis Berrios-Cruz
Filed: 2024-03-15
Decided: 2025-04-11
Vaccine: influenza
Vaccination date: 2022-10-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95712

AI-assisted case summary:
Marangelis Berrios-Cruz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 20, 2022. She further alleged that she suffered residual effects for more than six months. The respondent conceded that Petitioner is entitled to compensation, noting that she had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to her left shoulder. The case proceeded as a Table claim for SIRVA. The parties stipulated to an award of $95,712.60, which includes $95,000.00 for pain and suffering and $712.60 for past unreimbursable expenses. The Chief Special Master issued a ruling on entitlement and a decision awarding damages, granting the stipulated award.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00405-0
Date issued/filed: 2025-04-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/11/2025) regarding 18 Ruling on Entitlement. (Signed by Chief Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:24-vv-00405-UNJ Document 31 Filed 04/11/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-405V
MARANGELIS BERRIOS-CRUZ, Chief Special Master Corcoran
Petitioner, Filed: March 11, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Nathan J. Marchese, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Alyssa M. Petroff, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 15, 2024, Marangelis Berrios-Cruz 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”) after receiving an influenza (“flu’) vaccination on
October 20, 2022. Petition at 1. Petitioner further alleges that she suffered the residual
effects of her condition for more than six months. Id. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 18, 2025, 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-00405-UNJ Document 31 Filed 04/11/25 Page 2 of 2
1. Specifically, Respondent indicates that Petitioner had no history of pain, inflammation,
or dysfunction of her left shoulder prior to vaccination; that pain occurred within forty-eight
hours after receipt of the flu vaccination; that pain and reduced range of motion was
limited to Petitioner’s left shoulder; and that no other condition or abnormality has been
identified to explain Petitioner’s shoulder pain. Id. at 4.
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_24-vv-00405-1
Date issued/filed: 2025-04-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/12/2025) regarding 22 DECISION Stipulation/Proffer. (Signed by Chief Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:24-vv-00405-UNJ Document 32 Filed 04/11/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-405V
MARANGELIS BERRIOS-CRUZ, Chief Special Master Corcoran
Petitioner, Filed: March 12, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Nathan J. Marchese, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Alyssa M. Petroff, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 15, 2024, Marangelis Berrios-Cruz 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”) after receiving an influenza (“flu”) vaccination on
October 20, 2022. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On March 11, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On March 11, 2025, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $95,712.60,
representing $95,000.00 in pain and suffering and $712.60 for past unreimbursable
expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
1Because 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.
2National 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-00405-UNJ Document 32 Filed 04/11/25 Page 2 of 5
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 $95,712.60, 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-00405-UNJ Document 32 Filed 04/11/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARANGELIS BERRIOS-CRUZ,
Petitioner,
No. 24-0405V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND HUMAN
SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 15, 2024, Marangelis Berrios-Cruz (“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 Table shoulder injury related to
vaccine administration (“SIRVA”), as the result of an influenza vaccine received on October 20,
2022. Petition at 1. On February 18, 2025, 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 March 11, 2025 the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 17;
ECF No. 18.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $95,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00405-UNJ Document 32 Filed 04/11/25 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $712.60. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
The above amounts represent all elements of compensation to which petitioner would be
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 following:
A lump sum payment of $95,712.60 to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.
Respectfully submitted,
YAAKOV M. ROTH
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
JULIA COLLISON
Assistant Director
Torts Branch, Civil Division
2

Case 1:24-vv-00405-UNJ Document 32 Filed 04/11/25 Page 5 of 5
/s/ Alyssa M. Petroff
ALYSSA M. PETROFF
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) 307-3852
Fax: (202) 616-4310
Email: Alyssa.Petroff2@usdoj.gov
Date: March 11, 2025
3