VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00053 Package ID: USCOURTS-cofc-1_25-vv-00053 Petitioner: Brittany Abramson Filed: 2025-07-28 Decided: 2025-09-09 Vaccine: influenza Vaccination date: 2023-09-20 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 65957 AI-assisted case summary: Brittany Abramson filed a petition for vaccine compensation alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination she received on September 20, 2023. She also received a COVID-19 vaccine on the same day. Ms. Abramson alleged that her SIRVA injury lasted more than six months. The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the vaccinated shoulder, and no other condition explained the pain. The respondent further agreed that Ms. Abramson satisfied all legal prerequisites for compensation. The parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as his decision, awarding Ms. Abramson a lump sum of $65,957 for all items of damages. The decision was entered on September 9, 2025, following the petition filed on July 28, 2025. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00053-0 Date issued/filed: 2025-08-29 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/28/2025) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00053-UNJ Document 32 Filed 08/29/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0053V BRITTANY ABRAMSON, Chief Special Master Corcoran Petitioner, Filed: July 28, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 13, 2025, Brittany Abramson 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 vaccination she received on September 20, 2023. Petition at ¶ 1. Petitioner further alleges that her “SIRVA injury has lasted more than six months.” Petition at ¶ 13. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 7, 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’s alleged injury is consistent with SIRVA as defined by 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 1:25-vv-00053-UNJ Document 32 Filed 08/29/25 Page 2 of 2 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 was limited to her vaccinated shoulder; and no other condition or abnormality explains Petitioner’s shoulder pain.” Id. at 4. Respondent further agrees that “based on the current record, 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_25-vv-00053-1 Date issued/filed: 2025-09-09 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 07/29/2025) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00053-UNJ Document 33 Filed 09/09/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0053V BRITTANY ABRAMSON, Chief Special Master Corcoran Petitioner, Filed: July 29, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 13, 2025, Brittany Abramson 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 vaccination she received on September 20, 2023. Petition at 1; Stipulation, filed at July 29, 2025, ¶¶ 2, 4. Petitioner further alleges that her “SIRVA injury has lasted more than six months.” Petition at ¶ 13; Stipulation at ¶ 4. “Respondent states that “there is not a preponderance of evidence demonstrating that Petitioner’s injury is due to a factor unrelated to vaccination.” Stipulation at ¶ 5. Nevertheless, on July 29, 2025, the parties filed the attached joint stipulation,3 stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. 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). 3 The filed Stipulation included an electronic signature page that has been removed from the attachment to protected the confidential information of the signers. Case 1:25-vv-00053-UNJ Document 33 Filed 09/09/25 Page 2 of 8 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $65,956.95, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 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 Case 1:25-vv-00053-UNJ Document 33 Filed 09/09/25 Page 3 of 8 I� THE UNITED ST ATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) BRITTANY ABRAMSON, ) ) Petitioner. ) No. 25-53V ) ) Chief Special Master Corcoran \. ) ECr SECRETARY OF HEALTH AND ) HU\11/\N '-iERVICES. ) ) kcsptindent. ) STIPULATION fhe parties hereby stipulate to the following matters: 1. r�rittany . \bramson, petitioner, filed a petition for vaccine compensation under the "\iational Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oto -34 (the "Vau:inc Program"'). The petition seeb compensation for injuries allegedly related to petitioner's receipt of an inflt,en1a ( .. fl 1.1 .. ) vaccine. \\ h ich is a vaccine contained in the Vaccine lnj ury Table (the "Tahle"'). 42 C.F.R. § I 00.3 (a). 2. Pel1tioner recei\ ex! the 11u \ accine on September 20. 2023.1 3. The vaccination \\ a5 administered\\ ithin the United States. 4. Petitioner sustained a left shoulder injury related to vaccination administration CS!RV.'\ •• ) within the time period set forth in the Table following receipt of the flu \accinc and ' I\ ho on September 20, 2023, petitioner received a COVID-19 vaccine. Vaccines again!)t r,.OVID-19 are not contained in the Vaccine Injury Table. 42 U.S.C. § 300aa-14: 42 C.F.R. � l 00.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Puh!i-: Readines� and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d. 2-Hd-6eJ i:laims for alleged injuries from COVID-19 countermeasures, including vaccines, may be compt:nsablc under the Countermeasures Injury Compensation Program ( .. CICP''). 85 Fed. Reg. l5198, 15202 (Mar. 17. 2020). Case 1:25-vv-00053-UNJ Document 33 Filed 09/09/25 Page 4 of 8 Case 1:25-vv-00053-UNJ Document 33 Filed 09/09/25 Page 5 of 8 Case 1:25-vv-00053-UNJ Document 33 Filed 09/09/25 Page 6 of 8 Case 1:25-vv-00053-UNJ Document 33 Filed 09/09/25 Page 7 of 8 Case 1:25-vv-00053-UNJ Document 33 Filed 09/09/25 Page 8 of 8