VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01741 Package ID: USCOURTS-cofc-1_23-vv-01741 Petitioner: April Cirincione Filed: 2023-10-05 Decided: 2024-08-30 Vaccine: influenza Vaccination date: 2022-10-20 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: April Cirincione filed a petition for compensation under the National Vaccine Injury Compensation Program on October 5, 2023. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination received on October 20, 2022. Ms. Cirincione further alleged that the residual effects of her injury lasted longer than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner is entitled to compensation. The respondent stated that the petitioner had no prior history of shoulder issues, her pain occurred within 48 hours of vaccination, it was limited to the injection site, and no other condition explained her symptoms. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that the petitioner is entitled to compensation. The case was granted entitlement pending a decision on damages. The public decision does not describe the specific symptoms, medical tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner April Cirincione alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 20, 2022, with residual effects lasting longer than six months. The respondent conceded entitlement, stating the injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted no prior shoulder issues, pain onset within 48 hours of vaccination, pain limited to the injection site, and no other identified condition explaining the symptoms. The public text does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award, as entitlement was granted pending damages. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on July 30, 2024. Petitioner was represented by Christopher Williams of Siri & Glimstad LLP, and Respondent was represented by Elizabeth Andary of the U.S. Department of Justice. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01741-0 Date issued/filed: 2024-08-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/30/2024 ) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01741-UNJ Document 27 Filed 08/30/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1741V APRIL CIRINCIONE, Chief Special Master Corcoran Petitioner, Filed: July 30, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Christopher Williams, Siri & Glimstad LLP, New York, NY, for Petitioner. Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 5, 2023, April Cirincione 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”) following an influenza vaccination she received on October 20, 2022. Petition at 1. Petitioner further alleges that the residual effects of her vaccine- related injury have lasted longer than six months. Petition at ¶ 21. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 29, 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. Respondent states that “Petitioner’s alleged injury is consistent with SIRVA as defined by 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-01741-UNJ Document 27 Filed 08/30/24 Page 2 of 2 the Vaccine Injury Table Specifically, Petitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain Petitioner’s shoulder pain.” Id. at 4. Respondent further agrees that “based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. 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-01741-cl-extra-10734378 Date issued/filed: 2024-08-30 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267788 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1741V APRIL CIRINCIONE, Chief Special Master Corcoran Petitioner, Filed: July 30, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Christopher Williams, Siri & Glimstad LLP, New York, NY, for Petitioner. Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On October 5, 2023, April Cirincione 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”) following an influenza vaccination she received on October 20, 2022. Petition at 1. Petitioner further alleges that the residual effects of her vaccine- related injury have lasted longer than six months. Petition at ¶ 21. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 29, 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. Respondent states that “Petitioner’s alleged injury is consistent with SIRVA as defined by 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). the Vaccine Injury Table Specifically, Petitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain Petitioner’s shoulder pain.” Id. at 4. Respondent further agrees that “based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. 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