VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01533
Package ID: USCOURTS-cofc-1_24-vv-01533
Petitioner: Maria Demelo
Filed: 2024-09-30
Decided: 2025-09-11
Vaccine: influenza
Vaccination date: 2021-10-26
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement granted
Award amount USD: 

AI-assisted case summary:
On September 30, 2024, Maria Demelo filed a petition alleging that an influenza vaccination administered on October 26, 2021, caused a left shoulder injury related to vaccine administration.

Respondent conceded that Ms. Demelo met the requirements for a Table SIRVA. The concession stated that she had no prior left shoulder pain, inflammation, or dysfunction; that shoulder pain began within 48 hours of vaccination; that the symptoms were limited to the vaccinated shoulder; that no other condition more likely explained the injury; and that the residual effects lasted more than six months. The public entitlement decision does not provide a detailed clinical chronology.

On September 11, 2025, Chief Special Master Corcoran found Ms. Demelo entitled to compensation. Damages remained pending. Ms. Demelo was represented by Timothy Mason of the Law Office of Sylvia Chin-Caplan.

Theory of causation field:
Influenza vaccine, October 26, 2021, adult exact age not stated, left shoulder SIRVA. ENTITLEMENT CONCEDED; damages pending. Respondent conceded no prior left-shoulder pain/inflammation/dysfunction, onset within 48 hours, symptoms limited to the left shoulder, no more likely alternative diagnosis, and residual effects lasting more than six months. Public concession decision contains no detailed clinical timeline. Chief Special Master Corcoran, September 11, 2025. Attorney Timothy Mason/Law Office of Sylvia Chin-Caplan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-01533-0
Date issued/filed: 2025-10-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/11/2025) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-01533-UNJ Document 30 Filed 10/15/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-1533V
MARIA DEMELO, Chief Special Master Corcoran
Petitioner, Filed: September 11, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Timothy J. Mason, Law Office of Sylvia Chin-Caplan, LLC, Boston, MA, for Petitioner.
Rochelle Ilana Gillenson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 30, 2024, Maria Demelo 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 Table injury - shoulder injury related
to vaccine administration (“SIRVA”) as a result of the administration of her October 26,
2021 influenza (“flu”) vaccination. Petition at 1. Petitioner further alleges that she received
the vaccine in the United States, 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. Petition at ¶¶ 13, 15-16. 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-01533-UNJ Document 30 Filed 10/15/25 Page 2 of 2
On September 4, 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 determined that
petitioner’s alleged injury is consistent 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 were 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).
Id. at 5-6. Respondent further agrees that “[P]etitioner suffered the residual effects of her
condition for more than six months. Therefore, based on the record as it now stands,
[P]etitioner has satisfied all legal prerequisites for compensation under the Vaccine Act.”
Id. at 6 (citing Sections 13(a)(1)(B) and 11(c)(1)(D)(i)).
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