VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00961
Package ID: USCOURTS-cofc-1_24-vv-00961
Petitioner: Janet Zimet
Filed: 2025-05-06
Decided: 2025-06-05
Vaccine: influenza
Vaccination date: 2022-10-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Janet Zimet filed a petition for compensation under the National Vaccine Injury Compensation Program on May 6, 2025, alleging that she suffered a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of an influenza vaccination received on October 12, 2022. She further alleged that she suffered residual effects of her injury for more than six months and that there had been no prior award or settlement for her injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 2, 2025, conceding that compensation is appropriate. The respondent's review concluded that the petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table, noting that pain occurred within forty-eight hours after receipt of the vaccination, was limited to the shoulder of administration, and no other condition could explain the symptoms. The respondent also agreed that the petitioner suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master found that Janet Zimet is entitled to compensation. The case is proceeding to determine the award amount.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00961-0
Date issued/filed: 2025-06-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/06/2025) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:24-vv-00961-UNJ Document 22 Filed 06/05/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-961V
JANET ZIMET, Chief Special Master Corcoran
Petitioner, Filed: May 6, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On June 24, 2024 Janet Zimet 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 that she suffered a Table injury – shoulder injury related to
vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received
on October 12, 2022. 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 ¶¶ 4, 25,
28. 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-00961-UNJ Document 22 Filed 06/05/25 Page 2 of 2
On May 2, 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 reviewed the petition and medical records filed in this case and has
concluded that compensation is appropriate. DICP has concluded that
petitioner’s alleged injury is consistent with SIRVA as defined by the
Vaccine Injury Table. Specifically, petitioner had a history of pain in the
affected shoulder prior to vaccination, but that pain would not explain the
alleged symptoms occurring after vaccine administration; 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 4.
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