VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00429 Package ID: USCOURTS-cofc-1_24-vv-00429 Petitioner: Angela J. German Filed: 2024-12-06 Decided: 2025-01-07 Vaccine: influenza Vaccination date: 2021-12-13 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Angela J. German filed a petition on December 6, 2024, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on December 13, 2021. Ms. German stated that the vaccine was administered in the United States, she has suffered residual effects for more than six months, and has not filed a civil action or received other compensation for her injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 5, 2024, conceding that Ms. German is entitled to compensation. The respondent agreed that Ms. German's injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior shoulder issues, the pain occurred within 48 hours of the intramuscular vaccination, the pain and reduced range of motion were limited to the vaccinated shoulder, and no other condition explained the pain. The respondent also agreed that Ms. German suffered residual effects for more than six months and met all other legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found Ms. German entitled to compensation. The ruling was issued on January 7, 2025. Damages are to be determined. Theory of causation field: Petitioner Angela J. German filed a petition alleging SIRVA from an influenza vaccine administered on December 13, 2021. The respondent conceded entitlement, agreeing the injury was consistent with SIRVA as defined by the Vaccine Injury Table, citing no prior shoulder issues, onset of pain within 48 hours post-vaccination, localized symptoms to the vaccinated shoulder, and no alternative explanation. The respondent also agreed that Petitioner suffered residual effects for more than six months and met all legal prerequisites. The case was decided by Chief Special Master Brian H. Corcoran on January 7, 2025, with entitlement granted pending damages. Petitioner's counsel was Elizabeth Martin Muldowney, and Respondent's counsel was Jay Travis Williamson. The theory of causation is based on the Vaccine Injury Table. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00429-0 Date issued/filed: 2025-01-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/06/2024) regarding 29 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00429-UNJ Document 32 Filed 01/07/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0429V ANGELA J. GERMAN, Chief Special Master Corcoran Petitioner, Filed: December 6, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On March 20, 2024, Angela J. German 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”) resulting from an influenza (“flu”) vaccine received on December 13, 2021. Petition at 1. Petitioner further alleges that the flu vaccine was administered in the United States, she has suffered residual effects or complications of her vaccine injury for more than six months, and neither Petitioner, nor anyone on her behalf, has filed a civil action or received or collected an award or settlement of any civil action for damages for her vaccine-related injuries. Petition at ¶¶ 2, 22, 23. 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-00429-UNJ Document 32 Filed 01/07/25 Page 2 of 2 On December 5, 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. 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 range of motion [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 5-6. 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 Vaccine Act. Id. at 6. 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