VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00856
Package ID: USCOURTS-cofc-1_24-vv-00856
Petitioner: Richard Bieber
Filed: 2025-01-07
Decided: 2025-02-10
Vaccine: influenza
Vaccination date: 2021-11-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Richard Bieber filed a petition for compensation under the National Vaccine Injury Compensation Program on June 5, 2024, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on November 29, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 3, 2025, conceding that the petitioner is entitled to compensation. The respondent agreed that the petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that the petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Richard Bieber is entitled to compensation. The case is proceeding to determine damages. Petitioner was represented by Richard Gage of Richard Gage, P.C., and the respondent was represented by Eleanor Hanson of the U.S. Department of Justice. The decision was issued on February 10, 2025.

Theory of causation field:
Petitioner Richard Bieber alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 29, 2021. The respondent conceded that the alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation were met. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 10, 2025, finding Petitioner entitled to compensation. The case is proceeding to determine damages. Petitioner was represented by Richard Gage, P.C., and Respondent by the U.S. Department of Justice. The theory of causation is based on the Vaccine Injury Table (SIRVA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00856-0
Date issued/filed: 2025-02-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/07/2025) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00856-UNJ Document 21 Filed 02/10/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0856V
RICHARD BIEBER, Chief Special Master Corcoran
Petitioner,
v. Filed: January 7, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Richard Gage, Richard Gage, P.C. (WY), Cheyenne, WY, for Petitioner.
Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 5, 2024, Richard Bieber 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”) as the result of an influenza (“flu”) vaccination received on
November 29, 2021. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 3, 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 agrees that Petitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table. Id. at 5 (citing 42 C.F.R. §§ 100.3(a),
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-00856-UNJ Document 21 Filed 02/10/25 Page 2 of 2
(c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. Id. (internal citations omitted).
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