VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00180
Package ID: USCOURTS-cofc-1_24-vv-00180
Petitioner: Juan Cruz
Filed: 2024-11-25
Decided: 2024-12-27
Vaccine: influenza
Vaccination date: 2022-10-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Juan Cruz filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination he received on October 24, 2022. He further alleged that his injury has persisted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Cruz is entitled to compensation. The respondent stated that Mr. Cruz's injury is consistent with SIRVA as defined by the Vaccine Injury Table, noting that he had no prior shoulder issues, the pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection site. The respondent also agreed that Mr. Cruz satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found that Mr. Cruz is entitled to compensation. The case is proceeding to determine the award amount.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00180-0
Date issued/filed: 2024-12-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/25/2024) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00180-UNJ Document 24 Filed 12/27/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0180V
JUAN CRUZ, Chief Special Master Corcoran
Petitioner, Filed: November 25, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 6, 2024, Juan Cruz 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”) following an influenza vaccination he received on October 24,
2022. Petition at 1, ¶24. Petitioner further alleges that he has suffered from his vaccine-
related injury for more than six months. Id. at ¶ 25. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On November 19, 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
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 1:24-vv-00180-UNJ Document 24 Filed 12/27/24 Page 2 of 2
as defined by the Vaccine Injury Table. Specifically, Petitioner had no history of pain,
inflammation, or dysfunction of his left shoulder prior to vaccination; pain occurred with in
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
5. Respondent further agrees that “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
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