VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00633
Package ID: USCOURTS-cofc-1_24-vv-00633
Petitioner: Nicola Tognara
Filed: 2025-01-02
Decided: 2025-02-14
Vaccine: influenza
Vaccination date: 2023-09-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Nicola Tognara filed a petition for compensation under the National Vaccine Injury Compensation Program on January 2, 2025, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 7, 2023. He stated that he received the vaccine in the United States, experienced residual effects for more than six months, and had not filed a civil action or received other compensation for the injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Tognara is entitled to compensation. The Secretary concluded that the alleged injury is consistent with SIRVA, a defined Table injury, and that Mr. Tognara has satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Corcoran found that Mr. Tognara is entitled to compensation, with the case to proceed to a damages determination.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00633-0
Date issued/filed: 2025-02-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/02/2025) regarding 26 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00633-UNJ Document 28 Filed 02/14/25 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0633V
NICOLA TOGNARA, Chief Special Master Corcoran
Petitioner, Filed: January 2, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Ilana Sherry Greenberg, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 23, 2024, Nicola Tognara 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”), a defined Table injury, after receiving an influenza (“flu”)
vaccine on September 7, 202.3 Petition at 1, ¶¶ 2, 10-12. Petitioner further alleges that
he received the vaccine within the United States, that he suffered the residual effects of
his SIRVA injury for more than six months, and that neither he nor any other party has
filed a civil action or received compensation for his SIRVA. Id. at ¶¶ 2, 10, 13. 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-00633-UNJ Document 28 Filed 02/14/25 Page 2 of 2
On December 27, 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 “has concluded that [P]etitioner’s alleged injury is
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent
further agrees that based on the record as it now stands, [P]etitioner 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