VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00240
Package ID: USCOURTS-cofc-1_24-vv-00240
Petitioner: Megan Berthiaume
Filed: 2024-02-15
Decided: 2026-03-05
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:
On February 15, 2024, Megan Berthiaume filed a petition alleging that an influenza vaccination administered on September 27, 2022 caused a shoulder injury related to vaccine administration. She alleged a Table SIRVA, residual effects lasting more than six months, and no prior civil recovery for the injury.

Respondent conceded entitlement in a Rule 4(c) report, agreeing that Ms. Berthiaume had met the Table SIRVA requirements. The public ruling does not provide a detailed treatment narrative.

Chief Special Master Brian H. Corcoran found Ms. Berthiaume entitled to compensation on March 5, 2026. Damages were not yet awarded in the public record reviewed for this pass.

Theory of causation field:
Influenza vaccine on September 27, 2022, causing Table SIRVA; ENTITLEMENT GRANTED, damages pending. Respondent conceded entitlement in Rule 4(c) report. Public entitlement ruling gives limited clinical detail. Chief SM Brian H. Corcoran; petition filed February 15, 2024; entitlement March 5, 2026.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00240-0
Date issued/filed: 2026-04-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/05/2026) regarding 37 Ruling on Entitlement. ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00240-UNJ Document 41 Filed 04/09/26 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-240V
MEGAN BERTHIAUME, Chief Special Master Corcoran
Petitioner, Filed: March 5, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for
Petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On February 15, 2024, Megan Berthiaume 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 Table shoulder injury related to
vaccine administration (“SIRVA”) following receipt of an influenza (“flu”) vaccine on
September 27, 2022. Petition at ¶¶ 2, 13. Petitioner further alleges that she suffered the
residual effects of her injury for more than six months, and that there has been no prior
award or settlement of a civil action on her behalf as a result of her injury. Petition at ¶¶
12, 16. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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-00240-UNJ Document 41 Filed 04/09/26 Page 2 of 2
On March 4, 2026, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation for her Table SIRVA claim. Respondent’s Rule 4(c)
Report at 1. Specifically, Respondent states that,
[the Division of Injury Compensation Programs] has
concluded that [P]etitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table. Specifically,
[P]etitioner had no history of pain, inflammation, or
dysfunction of her left shoulder prior to vaccination; shoulder
pain occurred within forty-eight hours after receipt of an
intramuscular flu vaccination; shoulder pain and reduced
ROM were limited to the side in which the vaccine was
administered; and no other condition or abnormality has been
identified to explain [P]etitioner’s shoulder pain. 42 C.F.R. §
100.3(a)(XIV)(B), (c)(10). Additionally, based on the medical
records outlined above, [P]etitioner 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-11(c)(1)(D)(i), - 13(a)(1)(B).
Id. at 5.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation for her Table SIRVA claim.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2