VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01573 Package ID: USCOURTS-cofc-1_23-vv-01573 Petitioner: Michael Greim Filed: 2023-11-26 Decided: 2024-12-27 Vaccine: influenza Vaccination date: 2022-11-09 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Michael Greim filed a petition for compensation under the National Vaccine Injury Compensation Program on September 13, 2023, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 9, 2022. Mr. Greim stated he had no prior history of left shoulder pain, that the pain occurred within 48 hours of vaccination, that the pain and reduced range of motion were limited to the shoulder that received the vaccine, that no other condition explained his shoulder pain, and that he suffered residual effects for longer than six months. The respondent filed a Rule 4(c) report on November 25, 2024, conceding that Mr. Greim had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found Mr. Greim entitled to compensation. The case was granted entitlement pending a damages decision. The public decision does not describe the specific symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner counsel was William E. Cochran, Jr. of Black McLaren, et al., PC, and respondent counsel was Lauren Kells of the U.S. Department of Justice. Theory of causation field: Petitioner Michael Greim alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 9, 2022. The respondent conceded that Petitioner satisfied all legal prerequisites for compensation under the National Vaccine Injury Compensation Program. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 27, 2024, finding Petitioner entitled to compensation based on the respondent's concession and the evidence of record. The case was granted entitlement pending a damages decision. The public text does not specify the mechanism of injury, name any experts, or detail the evidence considered beyond the respondent's concession. The theory of causation is based on the Vaccine Injury Table for SIRVA. Petitioner counsel was William E. Cochran, Jr., and respondent counsel was Lauren Kells. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01573-0 Date issued/filed: 2024-12-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/26/2024) regarding 19 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01573-UNJ Document 21 Filed 12/27/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1573V MICHAEL GREIM, Chief Special Master Corcoran Petitioner, Filed: November 26, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. William E. Cochran, Jr., Black McLaren, et al., PC, Memphis, TN, for Petitioner. Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 13, 2023, Michael Greim 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 a shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) on November 9, 2022. Petition at 1. Petitioner further alleges that he had no history of left shoulder pain prior to vaccination; that pain occurred within 48 hours of receipt of an intramuscular vaccination; that pain and reduced range of motion was limited to the shoulder in which the vaccine was administered; that no other condition of abnormality has been identified to explain Petitioner’s shoulder pain; and that Petitioner has suffered the residual effects of his 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-01573-UNJ Document 21 Filed 12/27/24 Page 2 of 2 condition for longer than six months. Petition at 4-5. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 25, 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 states 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-01573-cl-extra-10772003 Date issued/filed: 2024-12-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10305415 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1573V MICHAEL GREIM, Chief Special Master Corcoran Petitioner, Filed: November 26, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. William E. Cochran, Jr., Black McLaren, et al., PC, Memphis, TN, for Petitioner. Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 13, 2023, Michael Greim 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 a shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) on November 9, 2022. Petition at 1. Petitioner further alleges that he had no history of left shoulder pain prior to vaccination; that pain occurred within 48 hours of receipt of an intramuscular vaccination; that pain and reduced range of motion was limited to the shoulder in which the vaccine was administered; that no other condition of abnormality has been identified to explain Petitioner’s shoulder pain; and that Petitioner has suffered the residual effects of his 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). condition for longer than six months. Petition at 4-5. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 25, 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 states 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