VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00348
Package ID: USCOURTS-cofc-1_24-vv-00348
Petitioner: Maryann Nadeau
Filed: 2025-02-24
Decided: 2025-04-01
Vaccine: influenza
Vaccination date: 2021-11-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Maryann Nadeau filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 9, 2021. She stated the vaccine was administered in the United States, she experienced residual effects for more than six months, and no related lawsuits had been filed. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Nadeau is entitled to compensation. The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she 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 Ms. Nadeau satisfied the legal prerequisites for compensation, including suffering residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Nadeau entitled to compensation. The case will proceed to determine the award amount.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_24-vv-00348-0
Date issued/filed: 2025-04-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/24/2025) regarding 26 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:24-vv-00348-UNJ Document 29 Filed 04/01/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0348V
MARYANN NADEAU, Chief Special Master Corcoran
Petitioner, Filed: February 24, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Timothy J. Mason, Law Office of Sylvia Chin-Caplan, LLC, Boston, MA, for Petitioner.
Jeremy Mauritzen, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 5, 2024, Maryann Nadeau filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”), which she amended on September 4, 2024. Petitioner alleges that that
she suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from
an influenza (“flu”) vaccine received on November 9, 2021. Amended Petition at 1.
Petitioner further alleges that the flu vaccine was received in the United States, she
suffered from residual effects of her injuries for more than six months, and no lawsuits
have been filed or settlements or awards accepted by anyone, including Petitioner,
related to her vaccine-related injuries. Amended Petition at ¶¶ 22, 24, 25. 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-00348-UNJ Document 29 Filed 04/01/25 Page 2 of 2
On February 24, 2025, 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 agrees that Petitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table in that “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 ROM
were 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 the records demonstrate that Petitioner suffered the
residual effects of her condition for more than six months and 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