VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01179
Package ID: USCOURTS-cofc-1_20-vv-01179
Petitioner: Jody Caldwell
Filed: 2022-02-16
Decided: 2022-03-21
Vaccine: influenza
Vaccination date: 2017-09-13
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Jody Caldwell filed a petition alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 13, 2017. She stated that the vaccine was administered in the United States, that no prior civil action had been filed, and that she had suffered residual effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Caldwell is entitled to compensation. The respondent agreed that she met the criteria for SIRVA as set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afforded her the presumption of causation. Specifically, the respondent noted that she had no prior history of pain, inflammation, or dysfunction in her left shoulder, her pain occurred within 48 hours of the vaccination, and her symptoms were limited to the shoulder in which the vaccine was administered. The respondent also agreed that the statutory six-month sequela requirement had been satisfied. Based on the respondent's concession and the evidence of record, the Chief Special Master found that Ms. Caldwell is entitled to compensation, with the case proceeding to a damages determination.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01179-0
Date issued/filed: 2022-03-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/16/2022) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01179-UNJ Document 34 Filed 03/21/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1179V
UNPUBLISHED
JODY CALDWELL, Chief Special Master Corcoran
Petitioner, Filed: February 16, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 11, 2020, Jody Caldwell 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 left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine received on September 13,
2017. Petition at 1. Petitioner further alleges the vaccine was administered in the United
States, no previous civil action has been filed and no one has previously collected an
award or settlement of a civil action for damages arising from her alleged vaccine-related
injuries, and she suffered residual effects of her injury for more than six months. Petition
at ¶¶ 2, 11, 49-106. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012).

Case 1:20-vv-01179-UNJ Document 34 Filed 03/21/22 Page 2 of 2
On February 15, 2022, 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 agrees that “petitioner has satisfied the criteria for SIRVA set
forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which
afford petitioner the presumption of causation, because petitioner had no history of pain,
inflammation, or dysfunction in her left shoulder; her pain occurred within 48 hours of
receipt of an intramuscular vaccination; her pain and reduced range of motion were
limited to the shoulder in which the vaccine was administered; and no other condition or
abnormality was identified to explain her symptoms.” Id. at 10. Respondent further agrees
that the statutory six month sequela requirement has been satisfied. 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
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