VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01748 Package ID: USCOURTS-cofc-1_24-vv-01748 Petitioner: Anife Tashi Filed: 2024-10-25 Decided: 2026-03-12 Vaccine: influenza Vaccination date: 2022-10-15 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 121178 AI-assisted case summary: Anife Tashi filed a petition on October 25, 2024, alleging that she suffered a left shoulder injury related to vaccine administration after receiving an influenza vaccine on October 15, 2022. She alleged that the injury met the Table definition for SIRVA and lasted for more than six months. Respondent conceded entitlement in a Rule 4(c) report filed on July 3, 2025. The concession stated that Ms. Tashi had no recent history of left-shoulder pain, inflammation, or dysfunction before vaccination; that shoulder pain began within 48 hours; that pain and reduced range of motion were limited to the vaccinated shoulder; that no other condition explained the injury; and that symptoms persisted for more than six months. Chief Special Master Corcoran granted entitlement on July 7, 2025. Damages were resolved by proffer and decision on March 12, 2026. Ms. Tashi was awarded $110,000.00 for pain and suffering, $432.52 for unreimbursed expenses, and $10,745.91 for an Ohio Medicaid lien. The lien amount was payable for the benefit of the Ohio Tort Recovery Unit and the Treasurer of the State of Ohio. The total immediate award was $121,178.43. Ms. Tashi was represented by Ronald Craig Homer of Conway Homer, P.C. in Boston, Massachusetts. Theory of causation field: Influenza vaccine on October 15, 2022 causing left Table SIRVA. ENTITLEMENT CONCEDED; COMPENSATED. Rule 4(c) concession: no recent prior left shoulder condition, onset within 48 hours, pain/reduced ROM limited to vaccinated shoulder, no alternative cause, residual effects more than six months. Petition filed October 25, 2024; entitlement July 7, 2025; damages decision by Chief SM Brian H. Corcoran on March 12, 2026. Award $121,178.43 total: $110,000 pain and suffering, $432.52 unreimbursed expenses, $10,745.91 Ohio Medicaid lien to Ohio Tort Recovery Unit/Treasurer State of Ohio. Attorney: Ronald Craig Homer, Conway Homer, P.C., Boston MA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01748-0 Date issued/filed: 2025-08-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/07/2025) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01748-UNJ Document 23 Filed 08/07/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1748V ANIFE TASHI, Chief Special Master Corcoran Petitioner, Filed: July 7, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 25, 2024, Anife Tashi 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 shoulder injury related to vaccine administration (“SIRVA”) following an influenza (“flu”) vaccine received on October 15, 2022. Petition at ¶¶ 1-2. 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. Petition at ¶¶ 27-30. 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-01748-UNJ Document 23 Filed 08/07/25 Page 2 of 2 On July 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 states that [the Division of Injury Compensation Programs] has concluded that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, [P]etitioner 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 ROM were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain [P]etitioner’s shoulder pain. 42 C.F.R. §§ 100.3(a), (c)(10). Additionally, based on the medical records outlined above, [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 Act. See 42 U.S.C. § 300aa-11(c)(1)(D)(i), -13(a)(1)(B). Id. at 5. 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-01748-cl-extra-11116378 Date issued/filed: 2025-08-07 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10649791 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1748V ANIFE TASHI, Chief Special Master Corcoran Petitioner, Filed: July 7, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 25, 2024, Anife Tashi 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 shoulder injury related to vaccine administration (“SIRVA”) following an influenza (“flu”) vaccine received on October 15, 2022. Petition at ¶¶ 1-2. 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. Petition at ¶¶ 27-30. 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). On July 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 states that [the Division of Injury Compensation Programs] has concluded that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, [P]etitioner 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 ROM were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain [P]etitioner’s shoulder pain. 42 C.F.R. §§ 100.3(a), (c)(10). Additionally, based on the medical records outlined above, [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 Act. See 42 U.S.C. § 300aa-11(c)(1)(D)(i), -13(a)(1)(B). Id. at 5. 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 3: USCOURTS-cofc-1_24-vv-01748-cl-extra-11310803 Date issued/filed: 2026-04-13 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10843446 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1748V ANIFE TASHI, Chief Special Master Corcoran Petitioner, Filed: March 12, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 25, 2024, Anife Tashi 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 shoulder injury related to vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccination received on October 15, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 7, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On March 11, 2026, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $110,000.00 for pain and suffering, $432.52 for unreimbursed expenses, and $10,745.91 to satisfy the State of Ohio Medicaid lien. Proffer at 1-2. In the Proffer, Respondent represented that 1 Because this Decision 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 Decision 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). Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award the following compensation: a. A lump sum payment of $110,432.52, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. b. A lump sum payment of $10,745.91, representing compensation for satisfaction of the State of Ohio Medicaid lien, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to: Ohio Tort Recovery Unit P.O. Box 166529 Irving, TX 75016 Petitioner agrees to endorse this payment to Treasurer, State of Ohio. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ANIFE TASHI, Petitioner, No. 24-1748V Chief Special Master Corcoran v. SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On July 3, 2025, respondent filed his Vaccine Rule 4(c) report, and conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 20. Thereafter, on July 7, 2025, the Chief Special Master issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation for her left Shoulder Injury Related to Vaccine Administration (“SIRVA”). ECF Nos. 21-22. I. Compensation for Vaccine Injury-Related Items Based on the evidence of record, respondent proffers that petitioner should be awarded $110,432.52, which is comprised of damages for pain and suffering ($110,000.00) and unreimbursed expenses ($432.52). This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a), with the exception of the reimbursement of the Medicaid lien, below. Petitioner agrees. Respondent further proffers that petitioner should be awarded funds to satisfy a state of Ohio Medicaid lien in the amount of $10,745.91, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the state of Ohio may have against any individual as a result of any Medicaid payments that the state of Ohio has made to or on behalf of Anife Tashi from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about October 15, 2022, under Title XIX of the Social Security Act. Petitioner agrees. II. Form of the Award Respondent recommends that the compensation provided to petitioner be made through two lump sum payments as described below: (1) The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $110,432.52, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. 1 Petitioner agrees. (2) A lump sum payment of $10,745.91, representing compensation for satisfaction of the state of Ohio Medicaid lien, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to: Ohio Tort Recovery Unit P.O. Box 166529 Irving, TX 75016 Petitioner agrees to endorse this payment to Treasurer, State of Ohio. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General JONATHAN D. GUYNN Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future pain and suffering. 2 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division s/ Mallori B. Openchowski MALLORI B. OPENCHOWSKI Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel.: (202) 305-0660 mallori.b.openchowski@usdoj.gov DATED: March 11, 2026 3 CERTIFICATE OF SERVICE I certify that today, March 11, 2026, a copy of the foregoing pleading was served by electronic mail to Patrick Kelly at pkelly@ccandh.com. s/ Mallori B. Openchowski 4