VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00828
Package ID: USCOURTS-cofc-1_24-vv-00828
Petitioner: Colleen Ortiz
Filed: 2024-12-27
Decided: 2025-01-27
Vaccine: influenza
Vaccination date: 2022-11-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Colleen Ortiz 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 November 14, 2022. She further alleged that her symptoms persisted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner is entitled to compensation. The respondent stated that Petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior history of shoulder issues, her pain occurred within forty-eight hours after vaccination, and the pain and reduced range of motion were limited to the injection shoulder. The respondent also agreed that Petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master found that Petitioner is entitled to compensation. The case is proceeding to a damages determination.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00828-0
Date issued/filed: 2025-01-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/27/2024) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00828-UNJ Document 23 Filed 01/27/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0828V
COLLEEN ORTIZ,
Chief Special Master Corcoran
Petitioner,
v.
Filed: December 27, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 29, 2024, Colleen Ortiz 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 the result of an influenza (“flu”) vaccination received on
November 14, 2022. Petition at 1. Petitioner further alleges that her symptoms persisted
for more than six months. Petition at 3. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
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 states that “petitioner’s alleged injury is consistent
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-00828-UNJ Document 23 Filed 01/27/25 Page 2 of 2
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.”
Id. at 10. Respondent further agrees that “petitioner suffered the residual effects of her
condition for more than six months…” and that “based on the record as it now stands,
petitioner 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