VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01123 Package ID: USCOURTS-cofc-1_24-vv-01123 Petitioner: Shannon Dominguez Filed: 2024-07-24 Decided: 2025-05-07 Vaccine: influenza Vaccination date: 2022-11-01 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 69102.07 AI-assisted case summary: On July 24, 2024, Shannon Dominguez filed a Vaccine Program petition alleging that an influenza vaccination administered on November 1, 2022 caused a left shoulder injury related to vaccine administration. She alleged that her left-shoulder SIRVA symptoms persisted for more than six months. Respondent conceded entitlement in a Rule 4(c) report filed February 5, 2025. The concession stated that the injury was consistent with the Table definition of SIRVA because Ms. Dominguez had no prior left-shoulder pain or dysfunction, pain occurred within forty-eight hours, symptoms were limited to the shoulder in which the vaccine was administered, and no other condition was identified to explain the shoulder pain. Chief Special Master Corcoran granted entitlement on February 14, 2025. The public record does not describe the first symptom narrative, medical visits, imaging, injections, therapy, or work and daily-life effects. Damages were resolved by proffer. On May 7, 2025, the Chief Special Master awarded $69,102.07: $67,500.00 for pain and suffering paid through counsel and $1,602.07 to satisfy a State of Illinois Medicaid lien payable jointly to Ms. Dominguez and Equian. Theory of causation field: Adult petitioner; influenza vaccine November 1, 2022; left Table SIRVA. COMPENSATED. Respondent conceded no prior left shoulder dysfunction, pain within 48 hours, shoulder-limited symptoms, no alternative condition, and more than six months of residual effects. Public text lacks detailed treatment chronology. Entitlement February 14, 2025; damages May 7, 2025. Award $69,102.07 = $67,500.00 pain/suffering + $1,602.07 Illinois Medicaid lien. Petition filed July 24, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01123-0 Date issued/filed: 2025-03-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/14/2025) regarding 15 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01123-UNJ Document 18 Filed 03/17/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1123V SHANNON DOMINGUEZ, Chief Special Master Corcoran Petitioner, Filed: February 14, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Nathaniel Trager, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 24, 2024, Shannon Dominguez 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 November 1, 2022. Petition at 1. Petitioner further alleges that her “left shoulder (“SIRVA”) symptoms have persisted for more than six months. Petition at ¶ 14. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 5, 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. Respondent states that “Petitioner’s alleged injury is consistent with SIRVA as defined 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-01123-UNJ Document 18 Filed 03/17/25 Page 2 of 2 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 “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-01123-1 Date issued/filed: 2025-06-06 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 05/07/2025) regarding 22 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01123-UNJ Document 26 Filed 06/06/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1123V SHANNON DOMINGUEZ, Chief Special Master Corcoran Petitioner, Filed: May 7, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Nathaniel Trager, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 24, 2024, Shannon Dominguez 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 November 1, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 14, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On May 6, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $67,500.00 for pain and suffering plus $1,602.07 to satisfy a Medicaid lien. 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-01123-UNJ Document 26 Filed 06/06/25 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award the following: 1. A lump sum payment of $67,500.00 for pain and suffering to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and 2. A lump sum payment of $1,602.07, representing compensation for the satisfaction of a State of Illinois Medicaid lien, in the form of a check payable joint to Petitioner and: Equian, P.O. Box 182643, Columbus, OH 43218, Attn: Team 4, Ref.: Shannon Dominguez, Event ID 123189979. These amounts represent 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-01123-UNJ Document 26 Filed 06/06/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) SHANNON DOMINGUEZ, ) ) No. 24-1123V Petitioner, ) Chief Special Master Corcoran ) ECF v. ) ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) PROFFER ON AWARD OF COMPENSATION On February 5, 2025, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. Accordingly, on February 14, 2025, the Chief Special Master issued a Ruling on Entitlement. I. Compensation for Vaccine Injury-Related Items A. Pain and Suffering Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $67,500.00 for pain and suffering, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Petitioner agrees. B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of Illinois Medicaid lien in the amount of $1,602.07, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Illinois may have against any individual as a result of any Medicaid payments the State of Illinois has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as Case 1:24-vv-01123-UNJ Document 26 Filed 06/06/25 Page 4 of 5 a result of her alleged vaccine-related injury suffered on or about November 3, 2022, under Title XIX of the Social Security Act. 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 The parties recommend that compensation provided to petitioner should be made through two lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: 1 A. A lump sum payment of $67,500.00 in the form of an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner; and B. A lump sum payment of $1,602.07, representing compensation for satisfaction of the State of Illinois Medicaid lien, in the form of a check payable jointly to petitioner and: Equian P.O. Box 182643 Columbus, OH 43218 Attn: Team 4 Ref.: Shannon Dominguez, Event ID No. 123189979 Petitioner agrees to endorse the check to Equian for satisfaction of the Medicaid lien. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 medical expenses, future pain and suffering, and future lost wages. 2 Case 1:24-vv-01123-UNJ Document 26 Filed 06/06/25 Page 5 of 5 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON, JR. Assistant Director Torts Branch, Civil Division s/ Nathaniel M. Trager NATHANIEL M. TRAGER Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-3912 Email: nathaniel.trager@usdoj.gov Date: May 6, 2025 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01123-cl-extra-11066455 Date issued/filed: 2025-06-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10599867 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1123V SHANNON DOMINGUEZ, Chief Special Master Corcoran Petitioner, Filed: May 7, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Nathaniel Trager, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On July 24, 2024, Shannon Dominguez 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 November 1, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 14, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On May 6, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $67,500.00 for pain and suffering plus $1,602.07 to satisfy a Medicaid lien. 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). Pursuant to the terms stated in the attached Proffer, I award the following: 1. A lump sum payment of $67,500.00 for pain and suffering to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and 2. A lump sum payment of $1,602.07, representing compensation for the satisfaction of a State of Illinois Medicaid lien, in the form of a check payable joint to Petitioner and: Equian, P.O. Box 182643, Columbus, OH 43218, Attn: Team 4, Ref.: Shannon Dominguez, Event ID 123189979. These amounts represent 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 ___________________________________ ) SHANNON DOMINGUEZ, ) ) No. 24-1123V Petitioner, ) Chief Special Master Corcoran ) ECF v. ) ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) PROFFER ON AWARD OF COMPENSATION On February 5, 2025, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. Accordingly, on February 14, 2025, the Chief Special Master issued a Ruling on Entitlement. I. Compensation for Vaccine Injury-Related Items A. Pain and Suffering Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $67,500.00 for pain and suffering, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Petitioner agrees. B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of Illinois Medicaid lien in the amount of $1,602.07, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Illinois may have against any individual as a result of any Medicaid payments the State of Illinois has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about November 3, 2022, under Title XIX of the Social Security Act. 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 The parties recommend that compensation provided to petitioner should be made through two lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: 1 A. A lump sum payment of $67,500.00 in the form of an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner; and B. A lump sum payment of $1,602.07, representing compensation for satisfaction of the State of Illinois Medicaid lien, in the form of a check payable jointly to petitioner and: Equian P.O. Box 182643 Columbus, OH 43218 Attn: Team 4 Ref.: Shannon Dominguez, Event ID No. 123189979 Petitioner agrees to endorse the check to Equian for satisfaction of the Medicaid lien. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 medical expenses, future pain and suffering, and future lost wages. 2 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON, JR. Assistant Director Torts Branch, Civil Division s/ Nathaniel M. Trager NATHANIEL M. TRAGER Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-3912 Email: nathaniel.trager@usdoj.gov Date: May 6, 2025 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_24-vv-01123-cl-extra-11178328 Date issued/filed: 2025-10-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10711742 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1123V SHANNON DOMINGUEZ, Chief Special Master Corcoran Petitioner, Filed: September 24, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Nathanial Trager, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On July 24, 2024, Shannon Dominguez 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 she suffered a shoulder injury related to vaccine administration following an influenza vaccine she received on November 1, 2022. Petition, ECF No. 1. On May 7, 2025, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 22. 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 $23,696.79 (representing $22,709.50 in fees plus $987.29 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed July 25, 2025, ECF No. 27. Furthermore, counsel for Petitioner represents that no personal out-of-pocket expenses were incurred by the Petitioner. ECF No. 27 at 2. Respondent reacted to the motion on August 7, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Response at 2, 4. ECF No. 28. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through 2025 are reasonable and consistent with our prior determinations and will therefore be awarded herein. And all time billed to the matter was also reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 27 at 22-32. 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 $23,696.79 (representing $22,709.50 in fees plus $987.29 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