VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00267 Package ID: USCOURTS-cofc-1_25-vv-00267 Petitioner: Bailey Nicholson Filed: 2025-02-13 Decided: 2025-08-25 Vaccine: Tdap Vaccination date: 2022-02-15 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: On February 13, 2025, Bailey Nicholson, formerly Bailey Schrock, filed a petition alleging that a Tdap vaccination administered on February 15, 2022 caused a left shoulder injury related to vaccine administration. She alleged that the residual symptoms lasted more than six months. The public entitlement ruling is brief because respondent conceded entitlement. Respondent agreed that Ms. Nicholson had no prior left shoulder pain, inflammation, or dysfunction; that pain began within 48 hours after vaccination; that the pain and reduced range of motion were limited to the vaccinated shoulder; that no other condition explained the shoulder pain; and that the residual effects lasted more than six months. On August 25, 2025, Chief Special Master Brian H. Corcoran found Ms. Nicholson entitled to compensation. Damages remained pending. She was represented by Brian L. Cinelli of Marcus & Cinelli, LLP. Theory of causation field: Tdap vaccine on February 15, 2022, adult exact age not stated, causing left Table SIRVA. ENTITLEMENT GRANTED; damages pending. Bailey Nicholson, formerly Bailey Schrock, received a Rule 4(c) concession: no prior left shoulder pain/inflammation/dysfunction, onset within 48 hours, pain and reduced ROM limited to the vaccinated shoulder, no other explanatory condition, and residual effects over six months. Chief Special Master Corcoran, August 25, 2025. Attorney: Brian L. Cinelli, Marcus & Cinelli. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00267-0 Date issued/filed: 2025-09-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/25/2025 ) regarding 15 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00267-UNJ Document 18 Filed 09/24/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0267V BAILEY NICHOLSON, f/k/a BAILEY SCHROCK, Chief Special Master Corcoran Petitioner, Filed: August 25, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 13, 2025, Bailey Nicholson f/k/a Bailey Schrock (“Petitioner”) 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 developed a left shoulder injury related to vaccine administration (“SIRVA”) from a Tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine administered on February 15, 2022. Petition at 1. Petitioner further alleges that she suffered the residual symptoms of her injury for more than six months. Petition at 15. 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-00267-UNJ Document 18 Filed 09/24/25 Page 2 of 2 On August 22, 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 states that 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 and reduced ROM 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 10. Respondent further agrees that Petitioner suffered the residual effects of her condition for more than six months, and 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