VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00194 Package ID: USCOURTS-cofc-1_25-vv-00194 Petitioner: Da Vang Filed: 2025-02-03 Decided: 2025-08-25 Vaccine: influenza Vaccination date: 2023-11-09 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 42500 AI-assisted case summary: On February 3, 2025, Da Vang filed a petition alleging that an influenza vaccination administered on November 9, 2023 caused a left shoulder injury related to vaccine administration. The public entitlement ruling states that the case was assigned to the Special Processing Unit. Respondent filed a combined Rule 4(c) report and proffer on August 25, 2025, conceding that Mr. Vang met the Table SIRVA criteria. Respondent agreed that he had no history of left shoulder pain, inflammation, or dysfunction before vaccination; that pain began within 48 hours; that pain and reduced range of motion were limited to the vaccinated shoulder; that no other condition explained the pain; and that the residual effects lasted more than six months. Chief Special Master Brian H. Corcoran found Mr. Vang entitled to compensation and, the same day, awarded $42,500 for pain and suffering. The public decision does not describe treatment details beyond the Table criteria in the proffer. Mr. Vang was represented by Jubaile Abila of Groth Law Firm. Theory of causation field: Influenza vaccine on November 9, 2023, adult exact age not stated, causing left Table SIRVA. COMPENSATED. Respondent conceded no prior left shoulder condition, onset within 48 hours, pain and reduced ROM limited to the vaccinated shoulder, no other abnormality explaining pain, and residual effects over six months. Award $42,500 pain and suffering, paid by ACH to counsel's IOLTA account. Chief Special Master Corcoran, entitlement and damages August 25, 2025. Attorney: Jubaile Abila, Groth Law Firm, Brookfield WI. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00194-0 Date issued/filed: 2025-09-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/25/2025) regarding 16 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00194-UNJ Document 23 Filed 09/26/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0194V DA VANG, Chief Special Master Corcoran Petitioner, v. Filed: August 25, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jubaile Abila, Groth Law Firm, S.C., Brookfield, WI, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 3, 2025, Da Vang 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 he suffered a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on November 9, 2023. Petition at 3. Petitioner further alleges that his injury persisted for more than six months. Petition at 5-6. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 25, 2025, Respondent filed a combined Rule 4(c) report and Proffer in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report and Proffer (“Rule 4/Proffer”) at 1. Specifically, Respondent states that 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 1:25-vv-00194-UNJ Document 23 Filed 09/26/25 Page 2 of 2 Petitioner’s “injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history of pain, inflammation, or dysfunction of his 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 his condition for more than six months, and 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_25-vv-00194-1 Date issued/filed: 2025-09-29 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 08/25/2025) regarding 17 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00194-UNJ Document 24 Filed 09/29/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0194V DA VANG, Chief Special Master Corcoran Petitioner, v. Filed: August 25, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jubaile Abila, Groth Law Firm, S.C., Brookfield, WI, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 3, 2025, Da Vang 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 he suffered a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on November 9, 2023. Petition at 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 25, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On August 25, 2025, Respondent filed a combined Rule 4(c) Report and Proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be awarded $42,500.00 in pain and suffering. Rule 4/Proffer at 5. In the Rule 4/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 Rule 4/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 1:25-vv-00194-UNJ Document 24 Filed 09/29/25 Page 2 of 2 Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum payment of $42,500.00, 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