VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01347 Package ID: USCOURTS-cofc-1_23-vv-01347 Petitioner: Beata Brozek Filed: 2023-08-17 Decided: 2025-11-04 Vaccine: influenza Vaccination date: 2020-09-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: On August 17, 2023, Beata Brozek filed a petition alleging that an influenza vaccine administered on September 15, 2020 caused a shoulder injury related to vaccine administration. Respondent conceded entitlement in a Rule 4(c) report, agreeing that Ms. Brozek met the Vaccine Injury Table criteria for SIRVA. The public ruling is brief and does not describe the first symptom, examinations, imaging, injections, physical therapy, or residual limitations. Chief Special Master Brian H. Corcoran found entitlement on November 4, 2025. Damages remained to be determined. Theory of causation field: Influenza vaccine September 15, 2020 causing Table SIRVA; adult, exact age not stated. ENTITLEMENT CONCEDED; damages pending. Public ruling lacks clinical chronology. Chief SM Brian H. Corcoran; petition August 17, 2023; decision November 4, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01347-0 Date issued/filed: 2025-12-09 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/04/2025) regarding 35 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01347-UNJ Document 38 Filed 12/09/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1347V BEATA BROZEK, Chief Special Master Corcoran Petitioner, v. Filed: November 4, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Edward M. Kraus, Kraus Law Group, LLC, Chicago, IL, for Petitioner. Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent RULING ON ENTITLEMENT1 On August 17, 2023, Beata Brozek 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 alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”) vaccine on September 15, 2020. Petition at 1, ¶ 1. Petitioner also alleged that she received the vaccine within the United States, that she suffered the residual effects of her SIRVA for more than six months and she suffers a permanent disability, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA, alleged as vaccine caused. Id. at ¶¶ 1, 34, 36. 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 1:23-vv-01347-UNJ Document 38 Filed 12/09/25 Page 2 of 2 On November 3, 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 “has concluded that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 7. Respondent further agrees that based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 8. 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_23-vv-01347-cl-extra-11216408 Date issued/filed: 2025-12-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10749823 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1347V BEATA BROZEK, Chief Special Master Corcoran Petitioner, v. Filed: November 4, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Edward M. Kraus, Kraus Law Group, LLC, Chicago, IL, for Petitioner. Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent RULING ON ENTITLEMENT1 On August 17, 2023, Beata Brozek 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 alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”) vaccine on September 15, 2020. Petition at 1, ¶ 1. Petitioner also alleged that she received the vaccine within the United States, that she suffered the residual effects of her SIRVA for more than six months and she suffers a permanent disability, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA, alleged as vaccine caused. Id. at ¶¶ 1, 34, 36. 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 November 3, 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 “has concluded that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 7. Respondent further agrees that based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 8. 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