VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00715
Package ID: USCOURTS-cofc-1_21-vv-00715
Petitioner: Malinda Powell
Filed: 2021-07-18
Decided: 2025-08-18
Vaccine: influenza
Vaccination date: 2018-10-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Malinda Powell filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 28, 2018. Her petition was filed on July 18, 2021. The case was assigned to the Special Processing Unit. Respondent noted in October 2022 that Petitioner might be eligible for workers' compensation and requested those records, also noting potential factual and legal issues and outstanding medical records. The court ordered Petitioner to provide additional evidence on causation and onset in December 2022, and Petitioner received multiple extensions. By May 2024, Petitioner's counsel reported being unable to contact his client since May 2023, with certified mail returned undeliverable. Petitioner's counsel requested an Order to Show Cause. The court issued an Order to Show Cause on June 2, 2025, noting the lack of contact and outstanding issues. Petitioner's counsel reported on July 17, 2025, that he still had no communication from Petitioner and had submitted the Order to Show Cause via email without response. The court found that Petitioner had not presented sufficient evidence to establish a Table Injury or that her alleged injury was vaccine-caused, as required by the Vaccine Act. The petition was dismissed for insufficient proof on August 18, 2025.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00715-0
Date issued/filed: 2025-08-18
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 07/18/2025) regarding 37 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:21-vv-00715-UNJ Document 38 Filed 08/18/25 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-715V
MALINDA POWELL, Chief Special Master Corcoran
Petitioner, Filed: July 18, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan J. Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION DISMISSING CLAIM1
On January 12, 2021, Malinda Powell 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”) after receiving an influenza (“flu”) vaccine on October 28, 2018.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On June 2, 2025, I issued an Order to Show Cause why the claim should not be
dismissed. (ECF No. 35). As the Order reflects, Respondent had filed a status report in
October 2022 which noted that Petitioner may have been eligible for workers’
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 1:21-vv-00715-UNJ Document 38 Filed 08/18/25 Page 2 of 3
compensation, and requested Petitioner’s workers’ compensation records, and that if
Petitioner did not file a workers’ compensation claim, but was able to, to provide an
explanation for her refusal. Status Report (ECF No. 23). Respondent also indicated it did
not appear that Petitioner had filed all of the relevant physical therapy records, and that
he believed there were factual and/or legal issues that had the potential to be addressed
through further development of the record. Id.
The Order to Show Cause further noted that on December 27, 2022, I had ordered
Petitioner to file additional outstanding medical records and any additional evidence
bearing on the causation and onset issues identified by Respondent and that since that
time, Petitioner had requested and been granted seven additional extensions of time to
file the requested information.
Finally, the Order to Show Cause noted that on May 2, 2024, Petitioner filed a
status report indicating that since May 9, 2023, Petitioner’s counsel had been unable to
reach his client, including numerous attempts to call, email, text, and correspond via mail,
including certified mail which was marked undeliverable and returned. (ECF No. 34). At
that time, Petitioner requested that I issue an Order to Show Cause.
On July 17, 2025, Petitioner filed a status report, in which Petitioner’s counsel
reported that he has not received any communication from Petitioner since 2023, and that
he submitted a copy of the Court’s Order to Show Cause via email without response.
(ECF No. 36).
To receive compensation under the Program, Petitioner must prove either 1) that
he suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to one of his vaccinations, or 2) that he suffered an injury that was actually
caused by a vaccine. See Sections 13(a)(1)(A) and 11(c)(1). Examination of the record
does not disclose sufficient evidence to establish that Petitioner suffered a “Table Injury.”
Further, the record does not contain a medical expert’s opinion or any other persuasive
evidence indicating that Petitioner’s alleged injury was vaccine-caused.
Under the Vaccine Act, a petitioner may not be awarded compensation based on
the petitioner’s claims alone. Rather, the petition must be supported by either the medical
records or by a medical opinion. Section 13(a)(1). In this case, the record does not contain
medical records or a medical opinion sufficient to demonstrate that Petitioner was injured
by a vaccine.
2

Case 1:21-vv-00715-UNJ Document 38 Filed 08/18/25 Page 3 of 3
For these reasons, in accordance with Vaccine Rule 21(b) and Section
12(d)(3)(A) of the Vaccine Act, this case is DISMISSED for insufficient proof. The
Clerk shall enter judgment accordingly.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.
3