VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00433
Package ID: USCOURTS-cofc-1_24-vv-00433
Petitioner: Kimberly Palmer
Filed: 2024-03-20
Decided: 2025-04-11
Vaccine: influenza
Vaccination date: 2022-09-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Kimberly Palmer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 20, 2022. She further alleged that she suffered residual effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Palmer is entitled to compensation. The respondent stated that the Division of Injury Compensation Programs concluded that Palmer's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior history of shoulder issues, pain occurred within 48 hours post-vaccination, and the pain and reduced range of motion were limited to the injection site. The respondent also confirmed that Palmer suffered residual effects for more than six months and that no other condition explained her symptoms. Based on the respondent's concession and the evidence of record, the Chief Special Master found that Palmer is entitled to compensation. The case is proceeding to determine the award amount.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_24-vv-00433-0
Date issued/filed: 2025-04-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/07/2025) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:24-vv-00433-UNJ Document 28 Filed 04/11/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-433V
KIMBERLY PALMER, Chief Special Master Corcoran
Petitioner, Filed: March 7, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Phyllis Widman, Widman Law Firm, LLC, Northfield, NJ, for Petitioner.
Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 20, 2024, Kimberly Palmer 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 defined in the Vaccine Injury Table, 42 C.F.R. § 100.3, as
the result of an influenza (“flu”) vaccination received on September 20, 2022. See Petition
at 1. 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. See Petition at ¶¶ 12-14. 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-00433-UNJ Document 28 Filed 04/11/25 Page 2 of 2
On January 31, 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 states that the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”)
has concluded that petitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table. Specifically, 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 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 5.
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