VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00694
Package ID: USCOURTS-cofc-1_24-vv-00694
Petitioner: McKenzie R. Miller
Filed: 2025-07-23
Decided: 2025-08-25
Vaccine: influenza
Vaccination date: 2021-12-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
McKenzie R. Miller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table Injury of shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on December 3, 2021. She further alleged that her injury resulted in residual effects lasting more than six months, that the vaccine was administered in the United States, and that she had not received a prior award or settlement for her injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Miller is entitled to compensation. The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, that she suffered sequelae for more than six months, and that all other legal requirements for compensation had been met. Based on the respondent's concession and the evidence of record, the Chief Special Master found that Ms. Miller is entitled to compensation. The case is proceeding to a damages determination.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_24-vv-00694-0
Date issued/filed: 2025-08-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/23/2025) regarding 27 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:24-vv-00694-UNJ Document 36 Filed 08/25/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-694V
MCKENZIE R. MILLER Chief Special Master Corcoran
Petitioner, Filed: July 23, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 1, 2024, McKenzie R. Miller 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 Injury” of shoulder injury
related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination
received on December 3, 2021. Petition at 1. Petitioner further alleges that she suffered
the residual effects of her injury for more than six months, that the vaccine was
administered within the United States, and that there has been no prior award or
settlement of a civil action on her behalf as a result of her injury. Id. at 1, 4. 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-00694-UNJ Document 36 Filed 08/25/25 Page 2 of 2
On July 14, 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
Conceding Entitlement to Compensation at 4-5. Specifically, Respondent has concluded
that Petitioner’s injury is consistent with a SIRVA as defined by the Vaccine Injury table.
Id. at 4. Respondent further agrees that Petitioner has suffered the sequela of her injury
for more than six months and all other legal requirements have been met 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