VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00173 Package ID: USCOURTS-cofc-1_25-vv-00173 Petitioner: Adam Recla Filed: 2025-01-30 Decided: 2025-09-17 Vaccine: influenza Vaccination date: 2023-11-09 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 47500 AI-assisted case summary: On January 30, 2025, Adam Recla filed a petition alleging that an influenza vaccination on November 9, 2023 caused a shoulder injury related to vaccine administration. Respondent conceded entitlement in a Rule 4(c) report filed on September 10, 2025. Respondent agreed that Mr. Recla's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The concession stated that he had no history of right-shoulder pain, inflammation, or dysfunction before vaccination; pain occurred within 48 hours; pain and reduced range of motion were limited to the vaccinated shoulder; no other condition explained the pain; and residual effects lasted more than six months. Chief Special Master Brian H. Corcoran granted entitlement on September 12, 2025. Damages were resolved by proffer, and on September 17, 2025 Mr. Recla was awarded $47,500.00 for pain and suffering, paid through counsel's IOLTA account. The public rulings do not provide a detailed treatment chronology. Theory of causation field: Influenza vaccine, November 9, 2023, right Table SIRVA. ENTITLEMENT GRANTED and COMPENSATED. Respondent conceded no prior right-shoulder pain/dysfunction, pain within 48 hours, pain/reduced ROM limited to vaccinated shoulder, no alternative condition, residual effects >6 months, and legal prerequisites. Entitlement September 12, 2025; damages September 17, 2025. Award: $47,500 pain and suffering, all Section 15(a) damages, ACH to counsel IOLTA. Petitioner competent adult. Attorney Jonathan Groth; respondent Elizabeth Andary. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00173-0 Date issued/filed: 2025-10-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/12/2025) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00173-UNJ Document 26 Filed 10/17/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0173V ADAM RECLA, Chief Special Master Corcoran Petitioner, Filed: September 12, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Groth, Groth Law Firm, S.C., Wauwatosa, WI, for Petitioner. Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 30, 2025, Adam Recla 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 November 9, 2023. Petition at 3-8. Petitioner further alleges that the vaccine was administered in the United States, he experienced symptoms in excess of six months, and he has not received any compensation in the form of an award or settlement for his vaccine-related injuries nor has he filed a civil action prior to filing this Petition. Petition at ¶¶ 2, 13, 14. 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-00173-UNJ Document 26 Filed 10/17/25 Page 2 of 2 On September 10, 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 right 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 5. Respondent further agrees that the records demonstrate 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_25-vv-00173-1 Date issued/filed: 2025-10-31 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 09/17/2025) regarding 22 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00173-UNJ Document 27 Filed 10/31/25 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0173V ADAM RECLA, Chief Special Master Corcoran Petitioner, Filed: September 17, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Groth, Groth Law Firm, S.C., Wauwatosa, WI, for Petitioner. Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 30, 2025, Adam Recla 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 November 9, 2023. Petition at 3-8. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 12, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On September 17, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $47,500.00. Proffer at 1-2. In the Proffer, Respondent represented that 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. 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). Case 1:25-vv-00173-UNJ Document 27 Filed 10/31/25 Page 2 of 4 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $47,500.00 (for pain and suffering), to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. 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 Case 1:25-vv-00173-UNJ Document 27 Filed 10/31/25 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ADAM RECLA, Petitioner, No. 25-173V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 30, 2025, Adam Recla (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that he suffered a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3, as the result of an influenza (“flu”) vaccination received on November 9, 2023. ECF No. 1 at 3, 6. On September 10, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury. ECF No. 18. On September 12, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 19. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $47,500.00 for pain and suffering. Petitioner agrees. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:25-vv-00173-UNJ Document 27 Filed 10/31/25 Page 4 of 4 II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $47,500.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Adam Recla. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division JULIA M. COLLISON Assistant Director Torts Branch, Civil Division /s/ ELIZABETH A. ANDARY ELIZABETH A. ANDARY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-9824 E-mail: Elizabeth.A.Andary@usdoj.gov Dated: September 16, 2025 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2