VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00178
Package ID: USCOURTS-cofc-1_23-vv-00178
Petitioner: Cristina Frank
Filed: 2023-02-08
Decided: 2024-04-23
Vaccine: influenza
Vaccination date: 2020-11-19
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Cristina Frank filed a petition for compensation under the National Vaccine Injury Compensation Program on February 8, 2023, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 19, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Frank is entitled to compensation. The respondent agreed that her alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Ms. Frank is entitled to compensation. The case was granted entitlement and is pending a decision on damages. Petitioner's counsel was Laura Levenberg of Muller Brazil, LLP. Respondent's counsel was Sarah Black Rifkin of the U.S. Department of Justice. The decision was issued on April 23, 2024.

Theory of causation field:
Petitioner Cristina Frank alleged a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 19, 2020. The respondent conceded that the alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table (42 C.F.R. §§ 100.3(a), (c)(10)) and that Petitioner satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran found Petitioner entitled to compensation based on the respondent's concession and the evidence of record. The case was granted entitlement pending damages. Petitioner's counsel was Laura Levenberg; respondent's counsel was Sarah Black Rifkin. Decision date: April 23, 2024.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00178-0
Date issued/filed: 2024-04-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/19/2024) regarding 28 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00178-UNJ Document 32 Filed 04/23/24 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0178V
CRISTINA FRANK, Chief Special Master Corcoran
Petitioner,
v. Filed: March 19, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 8, 2023, Cristina Frank 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 right shoulder injury related to
vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccine received on
November 19, 2020. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On March 6, 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 agrees that Petitioner’s alleged injury is consistent with
1 Because this unpublished 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 1:23-vv-00178-UNJ Document 32 Filed 04/23/24 Page 2 of 2
SIRVA as defined by the Vaccine Injury Table. Id. at 8 (citing 42 C.F.R. §§ 100.3(a),
(c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine 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
2