VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01005 Package ID: USCOURTS-cofc-1_24-vv-01005 Petitioner: Robert Rogers Filed: 2025-02-04 Decided: 2025-03-06 Vaccine: influenza Vaccination date: 2022-12-05 Condition: left arm pain and disability Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Robert Rogers filed a petition for compensation under the National Vaccine Injury Compensation Program on February 4, 2025, alleging that he suffered left arm pain and disability as a result of an influenza vaccine administered on December 5, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Rogers is entitled to compensation. The respondent specifically agreed that the petitioner's alleged injury is consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table. Furthermore, the respondent acknowledged that the medical records indicate Mr. Rogers suffered the residual effects of his condition for more than six months. 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 determine damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01005-0 Date issued/filed: 2025-03-06 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/04/2025) regarding 16 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01005-UNJ Document 24 Filed 03/06/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1005V ROBERT ROGERS, Chief Special Master Corcoran Petitioner, Filed: February 4, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jubaile Abila, Groth Law Firm, S.C., Brookfield, WI, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 1, 2024, Robert Rogers 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 “left arm pain and disability” as the result of an influenza (“flu”) vaccine administered to him on December 5, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 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 “has concluded that [P]etitioner’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-01005-UNJ Document 24 Filed 03/06/25 Page 2 of 2 with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent further agrees that “based on the medical records . . . [P]etitioner suffered the residual effects of his condition for more than six months.” Id. at 5-6. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01005-cl-extra-10818618 Date issued/filed: 2025-03-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10352030 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1005V ROBERT ROGERS, Chief Special Master Corcoran Petitioner, Filed: February 4, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jubaile Abila, Groth Law Firm, S.C., Brookfield, WI, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 1, 2024, Robert Rogers 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 “left arm pain and disability” as the result of an influenza (“flu”) vaccine administered to him on December 5, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 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 “has concluded that [P]etitioner’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). with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent further agrees that “based on the medical records . . . [P]etitioner suffered the residual effects of his condition for more than six months.” Id. at 5-6. 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