VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00492
Package ID: USCOURTS-cofc-1_22-vv-00492
Petitioner: Salvatore Scire
Filed: 2022-05-04
Decided: 2025-10-28
Vaccine: influenza
Vaccination date: 2021-09-09
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On May 4, 2022, Salvatore Scire filed a petition alleging that an influenza vaccine administered on September 9, 2021 caused a left shoulder injury related to vaccine administration. The public decision identifies him as an adult petitioner but does not state his exact age.

The claim was ultimately dismissed after petitioner could not establish the requirements for compensation. The public decision explains that petitioner failed to prove the residual effects requirement, a Table SIRVA, or causation-in-fact/significant aggravation. The public text does not provide a detailed medical story, treatment chronology, imaging, injections, therapy course, or expert testimony.

On October 28, 2025, Chief Special Master Corcoran dismissed the case for insufficient proof. No compensation was awarded.

Theory of causation field:
Adult petitioner; influenza vaccine September 9, 2021; alleged left SIRVA/causation-in-fact/significant aggravation. DISMISSED. Petitioner failed to establish residual effects over six months, Table SIRVA, or causation-in-fact/significant aggravation. Public dismissal lacks detailed clinical chronology. CSM Corcoran October 28, 2025. No award. Petition filed May 4, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00492-0
Date issued/filed: 2025-12-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/28/2025) regarding 60 DECISION of Special Master Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00492-UNJ Document 61 Filed 12/01/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0492V
SALVATORE SCIRE,
Chief Special Master Corcoran
Petitioner,
v. Filed: October 28, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Phyllis Widman, Widman Law Firm, LLC, Linwood, NJ, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
ENTITLEMENT DECISION1
On May 4, 2022, Salvatore Scire 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 alleged that he suffered a left shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury, or in the alternative a caused-in-fact or
significant aggravation injury, due to an influenza (“flu”) vaccine he received on
September 9, 2021. Petition at 1, ¶ 2. He further alleged that his shoulder injury “lasted
greater than six (6) months.” Id. at 1.
On November 15, 2024, I issued an order to show cause, finding that Petitioner
had to date failed to provide sufficient evidence to meet the Vaccine Act’s six-month
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 1:22-vv-00492-UNJ Document 61 Filed 12/01/25 Page 2 of 2
severity requirement. Order to Show Cause at 3, ECF No. 48; see Section 11(c)(1)(D)(i)
(severity requirement). In addition, even if severity could be established, Petitioner likely
would be unable to satisfy the requirements for a Table SIRVA due to the significant
evidence suggesting that he experienced symptoms in his left hand, neck, and face, and
also had been diagnosed with arthritis and radiculopathy. Order to Show Cause at 3; see
42 C.F.R. § 100.3(c)(10) (iii) & (iv) (2017) (Qualifications and Aids to Interpretation criteria
related to symptom location and a viable alternative cause).
On October 28, 2025, Petitioner moved for a decision dismissing the Petition. ECF
No. 59. Acknowledging that he “will be unable to prove that he is entitled to compensation
in the Vaccine Program” (id. at ¶ 1), Petitioner stated that “to proceed further would be
unreasonable and would waste the resources of the Court, the [R]espondent, and the
Vaccine Program” (id. at ¶ 2). Petitioner added that he “understands that a decision by
the Special Master dismissing his petition will result in a judgment against him . . . [and]
will end all of his rights in the Vaccine Program.” Id. at ¶ 3.
To receive compensation under the Program, Petitioner must prove that he
received a vaccine covered by the Vaccine Program and then suffered either 1) a “Table
Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to a covered
vaccine, or 2) an injury that was actually caused by a covered vaccine, a “non-Table
claim,” as well as the Vaccine Act requirements for all Table and non-Table claims
regarding the vaccination received, the duration and severity of the injury, and the lack of
other award or settlement. See Sections 13(a)(1)(A) and 11(c)(1). 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).
The record does not contain medical records or a medical opinion sufficient to
demonstrate that Petitioner suffered the residual effects of his injury for more than six
months, that he can satisfy the requirements of a Table SIRVA, or prove causation-in-
fact. For these reasons, and in accordance with Section 12(d)(3)(A), Petitioner’s motion
is GRANTED. Petitioner’s claim for compensation is DENIED and this case is
DISMISSED for insufficient proof and failure to prosecute. 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.
2