VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01495 Package ID: USCOURTS-cofc-1_23-vv-01495 Petitioner: Gina Lewis Filed: 2025-01-16 Decided: 2025-02-18 Vaccine: Tdap Vaccination date: 2022-04-29 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Gina Lewis filed a petition for compensation under the National Vaccine Injury Compensation Program on January 16, 2025, alleging a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccination on April 29, 2022. Ms. Lewis stated that she had no prior history of shoulder pain or dysfunction, that pain and reduced range of motion occurred within 48 hours of the vaccination, and that the symptoms were limited to the affected shoulder. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Lewis is entitled to compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Ms. Lewis is entitled to compensation. The case is proceeding to determine the award amount. Petitioner counsel was Glen H. Sturtevant, Jr. of Rawls Law Group. Respondent counsel was Eleanor Hanson of the U.S. Department of Justice. The public decision does not describe the specific mechanism of injury, expert testimony, or the exact dollar amount of the award. Theory of causation field: Petitioner Gina Lewis received a Tdap vaccination on April 29, 2022, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). Petitioner alleged no prior shoulder issues, onset of pain and reduced range of motion within 48 hours of vaccination, and symptoms limited to the affected shoulder. The respondent conceded entitlement. The Special Master found entitlement based on the concession and the record. The theory of causation is based on the Vaccine Injury Table. The public decision does not name specific experts or detail the mechanism of injury. The case is proceeding to determine the award amount. Petitioner counsel: Glen H. Sturtevant, Jr. Respondent counsel: Eleanor Hanson. Chief Special Master: Brian H. Corcoran. Decision date: February 18, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01495-0 Date issued/filed: 2025-02-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/16/2025) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01495-UNJ Document 25 Filed 02/18/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1495V GINA LEWIS, Chief Special Master Corcoran Petitioner, Filed: January 16, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Glen H. Sturtevant, Jr., Rawls Law Group, Richmond, VA, for Petitioner. Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 30, 2023, Gina Lewis 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 shoulder injury related to vaccine administration (“SIRVA”) after receiving a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination on April 29, 2022. Petition at 1. Petitioner further alleges that she had no history of pain, inflammation, or dysfunction of her shoulder prior to vaccination; that pain occurred within 48-hours of receipt of a covered vaccination; the pain and reduced range of motion was limited to the shoulder in which the vaccine was administered; and that no other condition or abnormality has been identified to explain 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-01495-UNJ Document 25 Filed 02/18/25 Page 2 of 2 Petitioner’s shoulder pain. Id. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 16, 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 is satisfied that based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act. Id. at 6. 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-01495-cl-extra-10801379 Date issued/filed: 2025-02-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10334791 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1495V GINA LEWIS, Chief Special Master Corcoran Petitioner, Filed: January 16, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Glen H. Sturtevant, Jr., Rawls Law Group, Richmond, VA, for Petitioner. Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 30, 2023, Gina Lewis 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 shoulder injury related to vaccine administration (“SIRVA”) after receiving a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination on April 29, 2022. Petition at 1. Petitioner further alleges that she had no history of pain, inflammation, or dysfunction of her shoulder prior to vaccination; that pain occurred within 48-hours of receipt of a covered vaccination; the pain and reduced range of motion was limited to the shoulder in which the vaccine was administered; and that no other condition or abnormality has been identified to explain 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). Petitioner’s shoulder pain. Id. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 16, 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 is satisfied that based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act. Id. at 6. 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