VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00690
Package ID: USCOURTS-cofc-1_22-vv-00690
Petitioner: Nadia Israel
Filed: 2022-06-17
Decided: 2026-01-12
Vaccine: influenza
Vaccination date: 2020-11-06
Condition: left shoulder injury including alleged SIRVA, bursitis, tendinosis, impingement, and rotator cuff/biceps injury
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On June 17, 2022, Nadia Israel filed a petition alleging that an influenza vaccine administered on November 6, 2020 caused a left shoulder injury, including SIRVA, subacromial/subdeltoid bursitis, supraspinatus tendinosis, impingement, bicipital tendinitis, rotator cuff syndrome, stiffness, and biceps or rotator cuff tearing.

Respondent opposed entitlement, arguing that the medical records did not establish pain within 48 hours and that Ms. Israel had not provided reliable expert proof for an off-Table causation claim. The case proceeded through a Rule 4 report, status conferences, and a hearing. The Special Master later noted credibility concerns in the record, including evidence relating to a separate lawsuit that conflicted with Ms. Israel's testimony.

After the Special Master ordered petitioner to show cause, Ms. Israel moved to dismiss the petition. Special Master Christian J. Moran dismissed the case with prejudice on January 12, 2026, finding that the record did not support compensation under the Vaccine Act.

Theory of causation field:
Influenza vaccine November 6, 2020 allegedly causing left SIRVA and multiple shoulder diagnoses; adult, exact age not stated. DISMISSED. Respondent argued onset within 48 hours was not established and no reliable Althen expert proof supported off-Table causation. The record included credibility concerns after hearing. Petitioner moved to dismiss after show-cause proceedings. SM Christian J. Moran dismissed with prejudice; no award. Petition June 17, 2022; decision January 12, 2026.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00690-0
Date issued/filed: 2026-02-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/12/2026) regarding 110 DECISION of Special Master. Signed by Special Master Christian J. Moran. (jjb) Service on parties made.
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Case 1:22-vv-00690-UNJ Document 111 Filed 02/05/26 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
NADIA ISRAEL, *
* No. 22-690V
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: January 12, 2026
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Bruce William Slane, The Law Office of Bruce W. Slane, P.C., White Plains, NY,
for petitioner;
Julianna Rose Kober, United States Dep’t of Justice, Washington, DC, for
respondent.
UNPUBLISHED DECISION DENYING COMPENSATION1
Nadia Israel (“petitioner”) alleged that the influenza (“flu”) vaccine she
received on November 6, 2020 caused her to suffer injuries including a shoulder
injury related to vaccine administration (“SIRVA”), left subacromial/subdeltoid
bursitis, left supraspinatus tendinosis, left shoulder impingement, left shoulder
bicipital tendinitis, left rotator cuff syndrome, left shoulder stiffness, left shoulder
rotator cuff tear, and left bicep tear. On January 9, 2026, petitioner filed a status
report requesting a decision dismissing her petition.2
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), the
parties have 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. Any changes will appear in the
document posted on the website.
2 Petitioner’s status report is being construed as a motion to dismiss her petitioner
pursuant to 42 U.S.C. § 300aa-21(a)(2).

Case 1:22-vv-00690-UNJ Document 111 Filed 02/05/26 Page 2 of 4
I. Procedural History
Petitioner filed a petition for compensation on June 17, 2022, alleging that
the flu vaccine she received on November 6, 2020 caused her to suffer injuries
including SIRVA, left subacromial/subdeltoid bursitis, left supraspinatus
tendinosis, left shoulder impingement, left shoulder bicipital tendinitis, left rotator
cuff syndrome, left shoulder stiffness, left shoulder rotator cuff tear, and left bicep
tear. Pet., filed June 17, 2022, at 1. She filed medical records and affidavits over
the next few months.
The Secretary filed his Rule 4(c) report on September 17, 2024, contesting
entitlement. The Secretary argued that petitioner did not provide preponderant
evidence to satisfy the Table requirements for SIRVA, specifically noting that
petitioner's medical records did not preponderantly establish that her left shoulder
pain began within the requisite 48 hours after vaccination. Resp’t’s Rep. at 7.
The Secretary also argued that petitioner had not provided preponderant
evidence satisfying causation of the Althen prongs between her condition and the
flu vaccine. Id. at 8-9. Further, the Secretary noted that petitioner had not
submitted an expert report in support of his claim, nor other reliable medical
evidence from petitioner’s medical records supporting causation sufficient to meet
his burden of proof. Id. at 9.
The undersigned issued an order for a status conference that was held on
October 28, 2024. At the status conference, the parties disputed onset and
proposed a fact hearing. The undersigned ordered petitioner to file any affidavits.
Petitioner filed several affidavits. Exhibits 17-23. A one-day hearing was held on
August 26, 2025. During the hearing, evidence was presented that reduced the
credibility of petitioner’s testimony and affidavit. Exhibit A; see exhibits 31 and
34. A status conference was held on November 17, 2025 to discuss these records
related to a lawsuit filed in Denver, Colorado that petitioner’s affidavit averred she
never filed.
An order was issued on November 25, 2025 that advised that due primarily
to petitioner’s inaccurate statement under oath, her case was not likely to prevail in
litigation. Petitioner responded to the order filing a status report requesting
dismissal. Pet’r’s Rep., filed Jan. 9, 2026.
2

Case 1:22-vv-00690-UNJ Document 111 Filed 02/05/26 Page 3 of 4
II. Analysis
To receive compensation under the National Vaccine Injury Compensation
Program (“Program”), a petitioner must prove either 1) that the vaccinee suffered a
“Table Injury”—i.e., an injury falling within the Vaccine Injury Table—
corresponding to one of the vaccinations, or 2) that the vaccinee suffered an injury
that was actually caused by a vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-
11(c)(1). Under the Act, a petitioner may not be given a Program award based
solely on the petitioner’s claims alone. Rather, the petition must be supported by
either medical records or by the opinion of a competent physician. § 300aa-
13(a)(1).
In this case, petitioner filed medical records and affidavits. Nonetheless,
petitioner wishes to have her claim dismissed and judgment entered against them.
Petitioner request for dismissal is being construed as a request for dismissal
pursuant to 42 U.S.C. § 300aa-21(a)(2). Pet’r’s Rep., filed Jan. 9, 2026.
To conform to section 12(d)(3), a decision must “include findings of fact
and conclusions of law.” For an on-Table SIRVA claim, petitioner must establish,
among other facts, that she developed pain within 48 hours of the vaccination. See
42 C.F.R. § 100.3(a)(XII)(A). The evidence does not support this finding.
For causation-in-fact cases, the Federal Circuit has defined elements of a
petitioner’s claim. Petitioners bear a burden to show by a preponderance of the
evidence that the vaccination brought about their injury by providing:
(1) a medical theory causally connecting the vaccination and the injury;
(2) a logical sequence of cause and effect showing that the vaccination was
the reason for the injury; and
(3) a showing of a proximate temporal relationship between vaccination and
injury.
Althen v. Sec’y of Health & Hum. Servs., 418 F.3d 1274, 1278 (Fed. Cir. 2005).
Petitioner did not propose a medical theory causally connecting the
vaccinations with the injury. Petitioner did not provide an expert report or other
reliable evidence connecting her vaccinations with her injuries. Petitioner stated
that she understands that a decision by the undersigned dismissing her petition will
3

Case 1:22-vv-00690-UNJ Document 111 Filed 02/05/26 Page 4 of 4
result in a judgment against her. Pet’r’s Rep., filed Jan. 9, 2026. Petitioner has
therefore not met her burden for either an on-Table or off-Table claim.
Thus, the Motion for Dismissal is GRANTED and this case is
DISMISSED WITH PREJUDICE for insufficient proof. The Clerk shall
enter judgment accordingly. See Vaccine Rule 21(b).
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
4