VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00508 Package ID: USCOURTS-cofc-1_21-vv-00508 Petitioner: Amanda Eden Filed: 2021-01-11 Decided: 2023-12-28 Vaccine: influenza Vaccination date: 2020-11-10 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Amanda Eden 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 November 10, 2020. She stated that the vaccination was administered in the United States, her pain lasted longer than six months, and no other action or compensation had been received for her injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Eden is entitled to compensation. The respondent concluded that her alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior history of shoulder issues, her pain occurred within 48 hours post-vaccination, was limited to the injection site, and no other condition explained her pain. The respondent also agreed that Ms. Eden suffered residual effects for more than six months and required surgical intervention. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Eden entitled to compensation, with damages to be determined in a subsequent ruling. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00508-0 Date issued/filed: 2023-12-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/27/2023) regarding 50 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00508-UNJ Document 54 Filed 12/28/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-508V AMANDA EDEN, Chief Special Master Corcoran Petitioner, Filed: November 27, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. David Mark O'Dea, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 11, 2021, Amanda Eden 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 (“flu”) vaccination she received on November 10, 2020. Petition at 1. Petitioner further alleges that the vaccination was administered within the United States, her pain lasted longer than six months, and 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, 5. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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 1:21-vv-00508-UNJ Document 54 Filed 12/28/23 Page 2 of 2 On October 2, 2023, 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 concluded that “[P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Specifically, Respondent determined that “[P]etitioner had no history of pain, inflammation, or dysfunction of her right shoulder prior to vaccination; pain 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 [P]etitioner’s shoulder pain.” Id. Respondent further agrees that “[P]etitioner suffered the residual effects of her condition for more than six months and required surgical intervention.” 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