VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01556 Package ID: USCOURTS-cofc-1_22-vv-01556 Petitioner: Laura Paytash Filed: 2022-12-03 Decided: 2025-01-03 Vaccine: influenza Vaccination date: 2020-09-29 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Laura Paytash filed a petition for compensation under the National Vaccine Injury Compensation Program on December 3, 2024, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 29, 2020. Ms. Paytash stated she had no prior history of left shoulder pain or dysfunction, that her pain was confined to that shoulder, and that no other condition explained her symptoms. She also indicated her injury effects lasted for over six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 12, 2024, conceding that Ms. Paytash had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Brian H. Corcoran found that Ms. Paytash is entitled to compensation. The case is now proceeding to determine the award amount. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Jonathan J. Svitak of Shannon Law Group, P.C., and respondent counsel was Emily Hanson of the U.S. Department of Justice. Theory of causation field: Petitioner Laura Paytash alleged a Table shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 29, 2020. The petition stated no prior left shoulder issues, pain confined to the left shoulder, no other explanatory condition, and effects lasting over six months. Respondent conceded entitlement on February 12, 2024, stating Petitioner met all legal prerequisites. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on January 3, 2025, finding Petitioner entitled to compensation based on Respondent's concession. The specific mechanism of injury, medical experts, and award details are not described in the public text. Petitioner counsel: Jonathan J. Svitak. Respondent counsel: Emily Hanson. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01556-0 Date issued/filed: 2025-01-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/03/2024) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01556-UNJ Document 25 Filed 01/03/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1556V LAURA PAYTASH, Chief Special Master Corcoran Petitioner, Filed: December 3, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan J. Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 19, 2022, Laura Paytash 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 Table shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on September 29, 2020. Petition at 1. Petitioner further alleges that she had no history of pain, inflammation, or dysfunction in her left shoulder prior to vaccination, that her pain was limited to her left shoulder, that no other condition or abnormality has been identified to explain her shoulder pain, and that she suffered the effects of her injury for over six months. See generally Petition. 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 1:22-vv-01556-UNJ Document 25 Filed 01/03/25 Page 2 of 2 On February 12, 2024, 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 at 1. Specifically, Respondent asserts that based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act. Id. at 5. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01556-cl-extra-10773798 Date issued/filed: 2025-01-03 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10307210 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1556V LAURA PAYTASH, Chief Special Master Corcoran Petitioner, Filed: December 3, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan J. Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 19, 2022, Laura Paytash 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 Table shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on September 29, 2020. Petition at 1. Petitioner further alleges that she had no history of pain, inflammation, or dysfunction in her left shoulder prior to vaccination, that her pain was limited to her left shoulder, that no other condition or abnormality has been identified to explain her shoulder pain, and that she suffered the effects of her injury for over six months. See generally Petition. 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). On February 12, 2024, 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 at 1. Specifically, Respondent asserts that based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act. Id. at 5. 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