VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01026 Package ID: USCOURTS-cofc-1_24-vv-01026 Petitioner: Ted Poulos Filed: 2025-01-24 Decided: 2025-02-24 Vaccine: influenza Vaccination date: 2021-09-08 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Ted Poulos filed a petition for compensation under the National Vaccine Injury Compensation Program on January 24, 2025, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on September 8, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 6, 2025, conceding that Mr. Poulos is entitled to compensation. The respondent specifically agreed that the petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Mr. Poulos is entitled to compensation. The case is proceeding to determine the award amount. Petitioner counsel was Ramon Rodriguez, III, and respondent counsel was Benjamin Rex Eisenberg. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Ted Poulos alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 8, 2021. The respondent conceded entitlement, agreeing the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that residual effects lasted more than six months. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 24, 2025, granting compensation. The theory of causation is based on the Vaccine Injury Table. Petitioner counsel was Ramon Rodriguez, III, and respondent counsel was Benjamin Rex Eisenberg. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award amount, as entitlement was granted based on concession. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01026-0 Date issued/filed: 2025-02-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/24/2025) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01026-UNJ Document 26 Filed 02/24/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1026V TED POULOS, Chief Special Master Corcoran Petitioner, Filed: January 24, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ramon Rodriguez, III, Sands Anderson PC, Richmond, VA, for Petitioner. Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 8, 2024, Ted Poulos 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 a result of an influenza (“flu”) vaccine administered to him on September 8, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 6, 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 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-01026-UNJ Document 26 Filed 02/24/25 Page 2 of 2 1. Specifically, Respondent “has concluded that [P]etitioner’s injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent further agrees that “[P]etitioner suffered the residual effects of his condition for more than six months.” 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01026-cl-extra-10804785 Date issued/filed: 2025-02-24 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10338197 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1026V TED POULOS, Chief Special Master Corcoran Petitioner, Filed: January 24, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ramon Rodriguez, III, Sands Anderson PC, Richmond, VA, for Petitioner. Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 8, 2024, Ted Poulos 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 a result of an influenza (“flu”) vaccine administered to him on September 8, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 6, 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 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). 1. Specifically, Respondent “has concluded that [P]etitioner’s injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent further agrees that “[P]etitioner suffered the residual effects of his condition for more than six months.” 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