VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01133 Package ID: USCOURTS-cofc-1_23-vv-01133 Petitioner: Dale Cutler Filed: 2023-07-20 Decided: 2025-05-06 Vaccine: Hepatitis A Vaccination date: 2021-07-21 Condition: bilateral shoulder injuries consistent with SIRVA Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Dale Cutler filed a petition for compensation under the National Vaccine Injury Compensation Program on July 20, 2023, alleging that he suffered shoulder injuries related to vaccine administration (SIRVA) as a result of Hepatitis A and tetanus-diphtheria-acellular pertussis (Tdap) vaccinations received on July 21, 2021. The case was assigned to the Special Processing Unit. On May 6, 2025, the Respondent filed a Rule 4(c) Report conceding that the Petitioner is entitled to compensation. The Respondent agreed that the Petitioner's alleged bilateral shoulder injuries were consistent with SIRVA as defined by the Vaccine Injury Table and that the Petitioner had satisfied all legal prerequisites for compensation under the Vaccine Act. In view of the Respondent's position and the evidence of record, Chief Special Master Brian H. Corcoran found that the Petitioner is entitled to compensation. This ruling grants entitlement but does not award damages, indicating that the case will proceed to a damages determination. The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or expert witnesses. David Charles Richards represented the Petitioner, and Benjamin Rex Eisenberg represented the Respondent. Theory of causation field: Petitioner Dale Cutler alleged SIRVA resulting from Hepatitis A and Tdap vaccinations received on July 21, 2021. The Respondent conceded entitlement, agreeing that the alleged bilateral shoulder injuries were consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner met all legal prerequisites for compensation. The Chief Special Master, Brian H. Corcoran, granted entitlement based on the Respondent's concession and the evidence of record. The specific mechanism of injury, expert testimony, and detailed medical evidence were not described in the public ruling. The case was filed on July 20, 2023, and the entitlement ruling was issued on May 6, 2025. Petitioner was represented by David Charles Richards, and Respondent was represented by Benjamin Rex Eisenberg. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01133-0 Date issued/filed: 2025-06-09 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/08/2025) regarding 37 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01133-UNJ Document 38 Filed 06/09/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1133V DALE CUTLER, Chief Special Master Corcoran Petitioner, v. Filed: May 8, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for Petitioner. Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 20, 2023, Dale Cutler 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 he suffered Table shoulder injuries related to vaccine administration (“SIRVAs”) as the result of Hepatitis A (“Hep A”) and tetanus-diphtheria- acellular pertussis (“Tdap”) vaccinations received on July 21, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 6, 2025, 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 bilateral shoulder injuries are consistent with SIRVA as defined by the Vaccine Injury Table. Id. at 6 (citing 42 C.F.R. 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-01133-UNJ Document 38 Filed 06/09/25 Page 2 of 2 §§ 100.3(a), (c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. (internal citations omitted). 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