VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00874
Package ID: USCOURTS-cofc-1_23-vv-00874
Petitioner: Denise M. Hoctor
Filed: 2024-06-04
Decided: 2024-07-09
Vaccine: influenza
Vaccination date: 2022-09-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Denise M. Hoctor filed a petition for compensation under the National Vaccine Injury Compensation Program on June 4, 2024, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 28, 2022. She further alleged that the residual effects of her injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 30, 2024, conceding that Ms. Hoctor is entitled to compensation. The respondent stated that her alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she has satisfied all legal prerequisites for compensation under the Act. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Ms. Hoctor is entitled to compensation. The case is proceeding to determine the award amount. Petitioner counsel was Mark Saliman of Saliman Law, L.L.C. Respondent counsel was Sarah Christina Duncan of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests performed, or treatments received. The specific mechanism of injury is not detailed in the public decision, other than its consistency with SIRVA as defined by the Vaccine Injury Table.

Theory of causation field:
Petitioner Denise M. Hoctor received an influenza vaccination on September 28, 2022, and alleged a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The respondent conceded entitlement, stating the injury is consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites were met. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 9, 2024, finding Petitioner entitled to compensation. The case is proceeding to determine the award amount. Petitioner counsel was Mark Saliman. Respondent counsel was Sarah Christina Duncan. The public decision does not name specific medical experts or detail the mechanism of injury beyond its classification as SIRVA under the Vaccine Injury Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00874-0
Date issued/filed: 2024-07-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/04/2024) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00874-UNJ Document 20 Filed 07/09/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-874V
DENISE M. HOCTOR, Chief Special Master Corcoran
Petitioner, Filed: June 4, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Mark Saliman, Saliman Law, L.L.C., Denver, CO, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 12, 2023, Denise M. Hoctor (“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 from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccination
on September 28, 2022. Pet., ECF No. 1. Petitioner further alleges that she suffered the
residual effects of her injury for more than six months. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On May 30, 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,
ECF No. 16. Specifically, Respondent indicated that “[P]etitioner’s alleged injury is
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 1:23-vv-00874-UNJ Document 20 Filed 07/09/24 Page 2 of 2
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent
agrees that Petitioner “has satisfied all legal prerequisites for compensation under the
Act.” Id. at 4-5.
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
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