VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02084 Package ID: USCOURTS-cofc-1_23-vv-02084 Petitioner: Tracey Lavin Filed: 2023-12-13 Decided: 2025-02-06 Vaccine: influenza Vaccination date: 2022-09-27 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Tracey Lavin filed a petition on December 13, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 27, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 9, 2024, conceding that the petitioner is entitled to compensation. The respondent stated that the petitioner's alleged injury is consistent with right-sided SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that the petitioner had no prior history of pain, inflammation, or dysfunction of her right shoulder before vaccination, that pain occurred within forty-eight hours after receiving the intramuscular vaccination, that the pain and reduced range of motion were limited to the shoulder where the vaccine was administered, and that no other condition or abnormality was identified to explain the petitioner's shoulder pain. The respondent also indicated that, based on the medical records, the petitioner suffered residual effects of her condition for more than six months. 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 damages are to be determined at a later date. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Michael Bliley of the U.S. Department of Justice. Theory of causation field: Petitioner Tracey Lavin alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 27, 2022. The Respondent conceded entitlement, finding the injury consistent with right-sided SIRVA under the Vaccine Injury Table. Key factors supporting the concession included no prior shoulder history, onset of pain within 48 hours post-vaccination, pain localized to the injection shoulder, and residual effects lasting over six months. The public text does not detail specific medical experts, clinical symptoms, diagnostic tests, treatments, or the precise mechanism of injury. The case was filed on December 13, 2023, and entitlement was granted on February 6, 2025, by Chief Special Master Brian H. Corcoran. Petitioner's counsel was Ronald Craig Homer, and Respondent's counsel was Michael Bliley. The award amount is pending. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02084-0 Date issued/filed: 2025-02-06 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/13/2024 ) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02084-UNJ Document 30 Filed 02/06/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2084V TRACEY LAVIN, Chief Special Master Corcoran Petitioner, Filed: December 13, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Michael Bliley, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 6, 2023, Tracey Lavin 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”), as the result of an influenza (“flu”) vaccination received on September 27, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 9, 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 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-02084-UNJ Document 30 Filed 02/06/25 Page 2 of 2 1. Specifically, Respondent states that he has concluded that petitioner’s alleged injury is consistent with right-sided SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history of pain, inflammation, or dysfunction of her right 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. 42 C.F.R. §§ 100.3(a), (c)(10). Additionally, based on the medical records outlined above, petitioner suffered the residual effects of her condition for more than six months. Therefore, based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i). Id. at 3-4 (footnote 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-02084-cl-extra-10794921 Date issued/filed: 2025-02-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10328333 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2084V TRACEY LAVIN, Chief Special Master Corcoran Petitioner, Filed: December 13, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Michael Bliley, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On December 6, 2023, Tracey Lavin 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”), as the result of an influenza (“flu”) vaccination received on September 27, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 9, 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 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). 1. Specifically, Respondent states that he has concluded that petitioner’s alleged injury is consistent with right-sided SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history of pain, inflammation, or dysfunction of her right 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. 42 C.F.R. §§ 100.3(a), (c)(10). Additionally, based on the medical records outlined above, petitioner suffered the residual effects of her condition for more than six months. Therefore, based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i). Id. at 3-4 (footnote 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