VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01073 Package ID: USCOURTS-cofc-1_24-vv-01073 Petitioner: Luz Alvarado Filed: 2024-07-15 Decided: 2025-08-05 Vaccine: influenza Vaccination date: 2022-10-18 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 109590.44 AI-assisted case summary: On July 15, 2024, Luz Alvarado filed a petition alleging that an influenza vaccination administered on October 18, 2022 caused a Table shoulder injury related to vaccine administration. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding entitlement, stating that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table. Chief Special Master Brian H. Corcoran entered an entitlement ruling on March 11, 2025. Damages were then resolved through respondent's proffer. On August 5, 2025, Chief Special Master Corcoran awarded a lump sum of $109,590.44: $107,500.00 for pain and suffering, $1,236.03 for unreimbursed expenses, and $854.41 for lost wages or lost income. A later February 25, 2026 decision awarded attorney's fees and costs separately. Theory of causation field: Influenza vaccine on October 18, 2022, causing Table SIRVA; COMPENSATED after respondent conceded entitlement. Award $109,590.44 ($107,500 pain/suffering + $1,236.03 unreimbursed expenses + $854.41 lost wages/income). Chief SM Brian H. Corcoran, petition filed July 15, 2024; entitlement March 11, 2025; damages August 5, 2025. Attorney: Amy Senerth, Muller Brazil, Dresher PA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01073-0 Date issued/filed: 2025-04-11 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/11/2025) regarding 17 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01073-UNJ Document 20 Filed 04/11/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1073V LUZ ALVARADO, Chief Special Master Corcoran Petitioner, Filed: March 11, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 15, 2024, Luz Alvarado 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 18, 2022. Petition at 1, ¶¶ 24. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of her SIRVA injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA. Id. at ¶¶ 1, 20-22. 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-01073-UNJ Document 20 Filed 04/11/25 Page 2 of 2 On March 10, 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. Specifically, Respondent “has concluded that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 8. Respondent further agrees that based on the record as it now stands, [P]etitioner 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-01073-1 Date issued/filed: 2025-09-09 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/05/2025 ) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01073-UNJ Document 30 Filed 09/09/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1073V LUZ ALVARADO, Chief Special Master Corcoran Petitioner, Filed: August 5, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 15, 2024, Luz Alvarado 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 18, 2022. Petition at 1, ¶¶ 24. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 10, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On August 5, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $109,590.44, representing $107,500.00 for pain and suffering, $1,236.03 for past unreimbursable expenses, and $854.41 for past lost income. Proffer at 1-2. In the Proffer, Respondent 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-01073-UNJ Document 30 Filed 09/09/25 Page 2 of 5 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $109,590.44, representing $107,500.00 for pain and suffering, $1,236.03 for actual unreimbursable expenses, and $854.41 for actual lost wages, representing compensation for his pain and suffering, 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-01073-UNJ Document 30 Filed 09/09/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) LUZ ALVARADO, ) ) Petitioner, ) ) No. 24-01073V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On July 15, 2024, Luz Alvarado (“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 vaccination received on October 18, 2022. Petition at 1. On March 10, 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. 16; ECF No. 17. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $107,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:24-vv-01073-UNJ Document 30 Filed 09/09/25 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 $1,236.03. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. C. Lost Income Evidence supplied by petitioner documents that she incurred past lost income related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost income in the amount of $854.41. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 lump sum payments 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 $109,590.44 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 2 Case 1:24-vv-01073-UNJ Document 30 Filed 09/09/25 Page 5 of 5 COLLEEN C. HARTLEY Assistant Director Torts Branch, Civil Division /s/ Irene A. Firippis IRENE A. FIRIPPIS 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) 305-3250 Dated: August 5, 2025 irene.a.firippis@usdoj.gov 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01073-cl-extra-11135110 Date issued/filed: 2025-09-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10668523 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1073V LUZ ALVARADO, Chief Special Master Corcoran Petitioner, Filed: August 5, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 15, 2024, Luz Alvarado 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 18, 2022. Petition at 1, ¶¶ 24. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 10, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On August 5, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $109,590.44, representing $107,500.00 for pain and suffering, $1,236.03 for past unreimbursable expenses, and $854.41 for past lost income. Proffer at 1-2. In the Proffer, Respondent 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). 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $109,590.44, representing $107,500.00 for pain and suffering, $1,236.03 for actual unreimbursable expenses, and $854.41 for actual lost wages, representing compensation for his pain and suffering, 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) LUZ ALVARADO, ) ) Petitioner, ) ) No. 24-01073V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On July 15, 2024, Luz Alvarado (“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 vaccination received on October 18, 2022. Petition at 1. On March 10, 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. 16; ECF No. 17. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $107,500.00 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 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 $1,236.03. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. C. Lost Income Evidence supplied by petitioner documents that she incurred past lost income related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost income in the amount of $854.41. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 lump sum payments 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 $109,590.44 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 2 COLLEEN C. HARTLEY Assistant Director Torts Branch, Civil Division /s/ Irene A. Firippis IRENE A. FIRIPPIS 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) 305-3250 Dated: August 5, 2025 irene.a.firippis@usdoj.gov 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_24-vv-01073-cl-extra-11297254 Date issued/filed: 2026-03-30 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10830476 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1073V LUZ ALVARADO, Chief Special Master Corcoran Petitioner, v. Filed: February 25, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On July 15, 2024, Luz Alvarado 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 alleged that that she suffered a shoulder injury related to vaccine administration a defined Table injury, after receiving an influenza vaccine on October 18, 2022. Petition, ECF No. 1. On August 5, 2025, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 26. 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. 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). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $19,567.38 (representing $18,976.10 in fees plus $591.28 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed January 6, 2026. ECF No. 31. Furthermore, Counsel represents that Petitioner incurred no personal out-of-pocket expenses. ECF No. 31 at 2. Respondent reacted to the motion on January 20, 2026, indicating that he is satisfied that the statutory requirements for an award of attorneys’ fees and costs are met in this case but defers resolution of the amount to be awarded to my discretion. ECF No. 32 at 2-5. Petitioner did not file a reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 31 at 18-25. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $19,567.38 (representing $18,976.10 in fees plus $591.28 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2