Torres-Barrera v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1295V

SAUL ANTONIO TORRES-BARRERA, Chief Special Master Corcoran Petitioner, v. Filed: June 23, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Jessica Ann Wallace, Siri & Glimstad, LLP, Aventura, FL, for Petitioner.

Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On August 10, 2023, Saul Antonio Torres-Barrera filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On December 8, 2021, Petitioner received an influenza (“flu”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).

Petitioner alleges that he sustained brachial neuritis, and a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table. He further alleges that he experienced the residual effects of this condition for more than six months.

Respondent denies that Petitioner sustained brachial neuritis or a Table SIRVA injury; denies that the vaccine caused Petitioner’s alleged shoulder injuries, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.

Nevertheless, on June 23, 2025, the parties filed the attached joint stipulation,3 stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A. A lump sum of $17,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and B. A lump sum of $7,500.00, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of California, in the form of a check payable jointly to Petitioner and Amerigroup: DHCS account number: C98752423G-001T Department of Health Care Services, Personal Injury Program, MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 Petitioner agrees to endorse this check to DHCS.

Stipulation at ¶ 8. These amounts represent compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master In attaching the parties’ joint stipulation, I have omitted the last page – a DropBox Sign form that includes personal information regarding Petitioner.