VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00460
Package ID: USCOURTS-cofc-1_24-vv-00460
Petitioner: Bertina Chian
Filed: 2024-03-26
Decided: 2025-05-06
Vaccine: influenza
Vaccination date: 2022-10-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65147

AI-assisted case summary:
Bertina Chian filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 10, 2022. She alleged that her injury lasted for more than six months. The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior shoulder issues, her pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection shoulder. The respondent also agreed that her condition lasted more than six months and that she met all legal prerequisites for compensation. A ruling on entitlement was issued on December 23, 2024, finding her entitled to compensation. Subsequently, on April 3, 2025, the respondent filed a proffer on award of compensation, agreeing to a total award of $65,147.50, consisting of $65,000.00 for pain and suffering and $147.50 for past unreimbursable expenses. The decision awarding damages was issued on May 6, 2025, granting the proffered award.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00460-0
Date issued/filed: 2025-01-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/23/2024) regarding 16 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00460-UNJ Document 20 Filed 01/28/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0460V
BERTINA CHIAN,
Chief Special Master Corcoran
Petitioner,
v.
Filed: December 23, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 26, 2024, Bertina Chian 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”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3, as
the result of an influenza (“flu”) vaccination received on October 10, 2022. Petition at 1.
Petitioner further alleges that her injury lasted for more than six months. Petition at 3.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 23, 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)
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-00460-UNJ Document 20 Filed 01/28/25 Page 2 of 2
Report at 1. Specifically, 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 4. Respondent further agrees that Petitioner suffered the residual effects of her
condition for more than six months and 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_24-vv-00460-1
Date issued/filed: 2025-05-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/03/2025) regarding 24 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00460-UNJ Document 28 Filed 05/06/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0460V
BERTINA CHIAN, Chief Special Master Corcoran
Petitioner, Filed: April 3, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Dima Atiya, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 26, 2024, Bertina Chian 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 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 October 10, 2022. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 23, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On April 3, 2025, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $65,147.50,
consisting of $65,000.00 in pain and suffering and $147.50 in past unreimbursable
expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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-00460-UNJ Document 28 Filed 05/06/25 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 $65,147.50 (consisting of $65,000.00 in pain and suffering and
$147.50 in past unreimbursable 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-00460-UNJ Document 28 Filed 05/06/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
BERTINA CHIAN, )
)
Petitioner, )
) No. 24-460V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 26, 2024, Bertina Chian (“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 an influenza
vaccine she received on October 10, 2022. Petition at 1. On December 23, 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 that
same day, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 15; ECF No. 16.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $65,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00460-UNJ Document 28 Filed 05/06/25 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 $147.50. 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 $65,147.50, to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Bertina Chian: $65,147.50
Respectfully submitted,
YAAKOV M. ROTH
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
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-00460-UNJ Document 28 Filed 05/06/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
VORIS JOHNSON
Assistant Director
Torts Branch, Civil Division
/s/ Dima J. Atiya
DIMA JAWAD ATIYA
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) 616-9355
Dima.Atiya@usdoj.gov
DATED: April 3, 2025
3