VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-02109 Package ID: USCOURTS-cofc-1_24-vv-02109 Petitioner: Scott Weitzman Filed: 2024-12-20 Decided: 2025-07-16 Vaccine: influenza and Tdap Vaccination date: 2024-02-16 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: On December 20, 2024, Scott Weitzman filed a petition alleging a shoulder injury related to vaccine administration after influenza and Tdap vaccinations received on February 16, 2024. Respondent filed a Rule 4(c) report on July 15, 2025, conceding entitlement. The concession stated that Mr. Weitzman’s alleged injury was consistent with Table SIRVA: he had no prior shoulder-pain history that would explain the symptoms, pain occurred within 48 hours, pain and reduced range of motion were limited to the vaccinated shoulder, no alternative abnormality had been identified, and the residual effects lasted more than six months. Chief Special Master Brian H. Corcoran granted entitlement on July 16, 2025. The public record available in this batch does not include a damages decision or a detailed clinical treatment history. The case therefore remains compensated on entitlement only, with damages still to be determined in later proceedings. Theory of causation field: Adult petitioner; influenza and Tdap vaccines February 16, 2024; alleged Table SIRVA. ENTITLEMENT GRANTED, DAMAGES PENDING. Respondent conceded no prior shoulder history, pain within 48 hours, symptoms limited to injected shoulder, no alternative cause, and residual effects >6 months. Chief SM Brian H. Corcoran ruling July 16, 2025. Petition filed December 20, 2024. No award in public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-02109-0 Date issued/filed: 2025-08-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/16/2025) regarding 14 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-02109-UNJ Document 18 Filed 08/18/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2109V SCOTT WEITZMAN, Chief Special Master Corcoran Petitioner, Filed: July 16, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 20, 2024, Scott Weitzman 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 defined in the Vaccine Injury Table as the result of the influenza (“flu”) and tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccinations received on February 16, 2024. Petition at 1. Petitioner further alleges that he suffered the residual effects of his injury for more than six months. Petition at 2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 15, 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. 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-02109-UNJ Document 18 Filed 08/18/25 Page 2 of 2 Specifically, Respondent states 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 his left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion was 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.” Id. at 4. Respondent further agrees that Petitioner suffered the residual effects of his injury for more than six months and 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-02109-cl-extra-11122531 Date issued/filed: 2025-08-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10655944 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2109V SCOTT WEITZMAN, Chief Special Master Corcoran Petitioner, Filed: July 16, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 20, 2024, Scott Weitzman 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 defined in the Vaccine Injury Table as the result of the influenza (“flu”) and tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccinations received on February 16, 2024. Petition at 1. Petitioner further alleges that he suffered the residual effects of his injury for more than six months. Petition at 2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 15, 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. 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). Specifically, Respondent states 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 his left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion was 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.” Id. at 4. Respondent further agrees that Petitioner suffered the residual effects of his injury for more than six months and 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