VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00162 Package ID: USCOURTS-cofc-1_25-vv-00162 Petitioner: Steven Spiker Filed: 2025-01-29 Decided: 2025-09-03 Vaccine: influenza Vaccination date: 2023-07-21 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement granted Award amount USD: AI-assisted case summary: On January 29, 2025, Steven Spiker filed a petition seeking compensation for a left shoulder injury related to vaccine administration after receiving an influenza vaccination on July 21, 2023. The public entitlement decision is brief because respondent conceded the Table SIRVA elements. The Secretary agreed that Mr. Spiker had no prior left shoulder condition, that his shoulder pain began within 48 hours of vaccination, that his pain and reduced range of motion were limited to the vaccinated shoulder, that no other condition explained the symptoms, and that the injury lasted longer than six months. On September 3, 2025, Chief Special Master Brian H. Corcoran found Mr. Spiker entitled to compensation. The decision did not set damages, which remained pending. Mr. Spiker was represented by Leah V. Durant. Theory of causation field: Influenza vaccine, July 21, 2023, adult exact age not stated, causing left SIRVA. ENTITLEMENT GRANTED by Rule 4(c) concession; damages pending. Respondent conceded no prior left shoulder condition, onset within 48 hours, pain and reduced range of motion limited to the left shoulder, no alternative condition, and residual effects longer than six months. Chief Special Master Corcoran, September 3, 2025. Attorney Leah V. Durant. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00162-0 Date issued/filed: 2025-10-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/03/2025) regarding 16 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00162-UNJ Document 21 Filed 10/03/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0162V STEVEN SPIKER, Chief Special Master Corcoran Petitioner, Filed: September 3, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 29, 2025, Steven Spiker 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”) resulting from an influenza vaccine received on July 21, 2023. Petition at 1. Petitioner further alleges that his injury lasted longer than six months and neither Petitioner, nor any other party, has ever received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 11, 12. 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 1:25-vv-00162-UNJ Document 21 Filed 10/03/25 Page 2 of 2 On August 29, 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 agrees that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table in that “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 [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.” Id. at 9. Respondent further agrees that the records indicate that Petitioner suffered the residual effects of his condition for more than six months, and has satisfied all legal prerequisites for compensation under the Vaccine 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