VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01968 Package ID: USCOURTS-cofc-1_24-vv-01968 Petitioner: Ellery Spencer Filed: 2024-12-02 Decided: 2025-09-12 Vaccine: influenza Vaccination date: 2021-12-01 Condition: anaphylaxis Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: On December 2, 2024, Ellery Spencer filed a petition alleging that an influenza vaccine administered on December 1, 2021 caused anaphylaxis within four hours. Respondent conceded entitlement in a Rule 4(c) report, agreeing that the record supported a Table anaphylaxis injury after influenza vaccination. The public ruling does not describe the symptoms of the reaction, emergency treatment, follow-up care, or residual effects. Chief Special Master Brian H. Corcoran found entitlement on September 12, 2025. Damages remained to be determined. Theory of causation field: Influenza vaccine December 1, 2021 causing Table anaphylaxis within four hours; adult, exact age not stated. ENTITLEMENT CONCEDED; damages pending. Public ruling does not describe the reaction symptoms, emergency care, follow-up treatment, or residual effects. Chief SM Brian H. Corcoran; petition December 2, 2024; entitlement September 12, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01968-0 Date issued/filed: 2025-10-21 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/12/2025) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01968-UNJ Document 30 Filed 10/21/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1968V ELLERY SPENCER, Chief Special Master Corcoran Petitioner, Filed: September 12, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jessica Wallace, Siri & Glimstad, LLP, Aventura, FL, for Petitioner. Dima Atiya, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 2, 2024, Ellery Spencer 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 from anaphylaxis following an influenza vaccination she received on December 1, 2021. Petition at 1. Petitioner further alleges that she has suffered “sequela that has continued for more than six (6) months.” Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 11, 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. Respondent states that “Petitioner has satisfied the criteria set forth in the 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-01968-UNJ Document 30 Filed 10/21/25 Page 2 of 2 Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford Petitioner a presumption of causation if onset of anaphylaxis occurs within four hours of vaccination”. Id. at 9. Respondent further agrees that “based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act.” 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-01968-cl-extra-11174640 Date issued/filed: 2025-10-21 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10708053 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1968V ELLERY SPENCER, Chief Special Master Corcoran Petitioner, Filed: September 12, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jessica Wallace, Siri & Glimstad, LLP, Aventura, FL, for Petitioner. Dima Atiya, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On December 2, 2024, Ellery Spencer 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 from anaphylaxis following an influenza vaccination she received on December 1, 2021. Petition at 1. Petitioner further alleges that she has suffered “sequela that has continued for more than six (6) months.” Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 11, 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. Respondent states that “Petitioner has satisfied the criteria set forth in the 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). Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford Petitioner a presumption of causation if onset of anaphylaxis occurs within four hours of vaccination”. Id. at 9. Respondent further agrees that “based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act.” 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