VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00486
Package ID: USCOURTS-cofc-1_21-vv-00486
Petitioner: Catherine Campbell Tingley
Filed: 2021-01-11
Decided: 2023-02-24
Vaccine: influenza
Vaccination date: 2018-10-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Catherine Campbell Tingley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination she received on October 22, 2018. She stated that the vaccination was administered in the United States, her shoulder injury persisted for more than six months, and that no other action or compensation had been sought for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Tingley is entitled to compensation. The respondent determined that Tingley had no prior history of shoulder issues, that her pain occurred within 48 hours after the vaccination, was limited to the injection site, and that no other condition could explain her SIRVA. The respondent also confirmed that the statutory six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence, the Chief Special Master ruled that Tingley is entitled to compensation, with the case proceeding to determine damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00486-0
Date issued/filed: 2023-02-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/24/2023) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00486-UNJ Document 37 Filed 02/24/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-486V
UNPUBLISHED
CATHERINE CAMPBELL TINGLEY, Chief Special Master Corcoran
Petitioner, Filed: January 24, 2023
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)
Anthony A. Liberatore, A. Liberatore, P.C., Santa Monica, CA, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 11, 2021, Catherine Campbell Tingley 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) resulting from an influenza vaccination she received on
October 22, 2018. Petition at 1. Petitioner further alleges that the vaccination was
administered within the United States, her shoulder injury persisted for more than six
months, and that neither she, nor any other party, has ever filed any action, or received
compensation in the form of an award or settlement for Petitioner’s vaccine-related injury.
Petition at 1, 4. 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 1:21-vv-00486-UNJ Document 37 Filed 02/24/23 Page 2 of 2
On December 16, 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 determined that “[P]etitioner had no history of pain,
inflammation, or dysfunction of her left shoulder; pain more likely than not occurred within
48 hours after receipt of an intramuscular vaccination; pain 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 . . . . No other causes for [P]etitioner’s
SIRVA were identified . . . . In addition, given the medical records outlined above, the
statutory six-month sequela requirement has been satisfied.” Id. at 6. Respondent
concluded that “[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
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