VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02304
Package ID: USCOURTS-cofc-1_21-vv-02304
Petitioner: Suzette Harrigal
Filed: 2021-12-17
Decided: 2023-08-18
Vaccine: influenza
Vaccination date: 2019-10-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Suzette Harrigal filed a petition for compensation under the National Vaccine Injury Compensation Program on December 17, 2021, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 1, 2019. She stated that she received the vaccine in the United States, that her injury caused residual effects for more than six months, and that she had not received any prior compensation for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 10, 2023, conceding that Ms. Harrigal is entitled to compensation. The respondent concluded that her injury was consistent with SIRVA and that she had met all legal prerequisites for compensation under the Act. Based on the respondent's concession and the evidence of record, the Chief Special Master found that Ms. Harrigal is entitled to compensation. The case is proceeding to a damages determination.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-02304-0
Date issued/filed: 2023-08-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/11/2023) regarding 24 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-02304-UNJ Document 32 Filed 08/18/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2304V
SUZETTE HARRIGAL, Chief Special Master Corcoran
Petitioner, Filed: July 11, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Brittany Rose Wolf-Freedman, Gainsburgh, Benjamin, David, Meunier & Warshauer,
LLC, New Orleans, LA, for Petitioner.
Adam N. Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 17, 2021, Suzette Harrigal (Petitioner”) 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”) as a result of an influenza (“flu”) vaccine
administered on October 1, 2019. Petition at 1. Petitioner further alleges she received
the vaccine in the United States, that she suffered the residual effects of her injury for
more than six months, and that she has not received compensation in the form of an
award for her injury. Petition at 4. 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-02304-UNJ Document 32 Filed 08/18/23 Page 2 of 2
On July 10, 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
Conceding Entitlement to Compensation and Proffer of Damages (“Proffer”) at 1.
Specifically, Respondent has concluded that Petitioner’s injury is consistent with a SIRVA.
Id. at 5. Respondent further agrees that Petitioner has suffered 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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