VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00832 Package ID: USCOURTS-cofc-1_21-vv-00832 Petitioner: Lisa Carter Filed: 2021-02-01 Decided: 2022-10-31 Vaccine: influenza Vaccination date: 2018-10-05 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Lisa Carter filed a petition for compensation under the National Vaccine Injury Compensation Program on February 1, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 5, 2018. Ms. Carter further alleged that her vaccine-related injuries persisted for more than six months following the vaccination. The case was assigned to the Special Processing Unit. On September 30, 2022, the Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation. The Respondent stated that Petitioner satisfied the criteria in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA caused by the intramuscular administration of a flu vaccine. The Respondent also agreed that Petitioner received the vaccine in the United States and met the statutory severity requirement by suffering residual effects or complications of her injury for more than six months after vaccine administration. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found Petitioner entitled to compensation. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. The attorneys involved were Isaiah Richard Kalinowski for the Petitioner and Mitchell Jones for the Respondent. Theory of causation field: Petitioner Lisa Carter filed a petition on February 1, 2021, alleging SIRVA resulting from an influenza vaccine administered on October 5, 2018. The injury allegedly persisted for more than six months. The Respondent conceded entitlement, agreeing that Petitioner met the criteria in the Vaccine Injury Table and Qualifications and Aids to Interpretation for SIRVA caused by an intramuscular flu vaccine, received the vaccine in the United States, and satisfied the statutory severity requirement. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 31, 2022, finding Petitioner entitled to compensation based on the Respondent's concession. The specific mechanism of injury, medical experts, and detailed clinical information were not described in the public text. Petitioner was represented by Isaiah Richard Kalinowski, and Respondent was represented by Mitchell Jones. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00832-0 Date issued/filed: 2022-10-31 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/30/2022) regarding 30 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00832-UNJ Document 34 Filed 10/31/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0832V UNPUBLISHED LISA CARTER, Chief Special Master Corcoran Petitioner, Filed: September 30, 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) Isaiah Richard Kalinowski, Bosson Legal Group, Fairfax, VA, for Petitioner. Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 1, 2021, Lisa Carter 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 that she suffered a shoulder injury related to vaccine administration (“SIRVA) as a result of an influenza vaccination she received on October 5, 2018. Petition at ¶3, 14. Petitioner further alleges that her “vaccine related injuries persisted for more than six months following the vaccination at issue.” Petition at ¶16. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 30, 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) 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-00832-UNJ Document 34 Filed 10/31/22 Page 2 of 2 Report at 1. Specifically, Respondent states that it is his position that “Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for SIRVA caused by the intramuscular administration of a flu vaccine. Id. at 10. Respondent further agrees that Petitioner received the vaccine in the United States and that Petitioner “satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration.” 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