VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00308
Package ID: USCOURTS-cofc-1_25-vv-00308
Petitioner: Nancy Kay
Filed: 2025-02-20
Decided: 2025-10-09
Vaccine: influenza
Vaccination date: 2023-08-31
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
On February 20, 2025, Nancy Kay filed a petition alleging that an influenza vaccine administered on August 31, 2023 caused a shoulder injury related to vaccine administration. The public entitlement ruling does not include a detailed medical timeline, treatment history, imaging, or functional narrative.

Respondent filed a Rule 4(c) report on October 8, 2025 conceding entitlement. Respondent agreed that Ms. Kay's alleged injury was consistent with Table SIRVA, including no prior shoulder issues, pain within 48 hours, pain and reduced range of motion limited to the vaccinated shoulder, no other condition explaining the pain, and residual effects lasting more than six months.

On October 9, 2025, Chief Special Master Brian H. Corcoran granted entitlement. Damages remain pending, and no compensation amount has been awarded in the public ruling.

Theory of causation field:
Influenza vaccine, August 31, 2023, alleged SIRVA. ENTITLEMENT GRANTED; DAMAGES PENDING. Respondent conceded Table SIRVA and all legal prerequisites in an October 8, 2025 Rule 4(c) report, including no prior shoulder issues, onset within 48 hours, symptoms limited to injection-site shoulder, no alternative cause, and residual effects >6 months. Chief Special Master Corcoran October 9, 2025.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-00308-0
Date issued/filed: 2025-11-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/09/2025) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:25-vv-00308-UNJ Document 23 Filed 11/12/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0308V
NANCY KAY, Chief Special Master Corcoran
Petitioner, Filed: October 9, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner.
Michael Bliley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 20, 2025, Nancy Kay 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”) as the result of an influenza (“flu”) vaccination she received on
August 31, 2023. Petition at 1. Petitioner further alleges that she suffered the residual
effects of her injury for more than six months. Petition at 7. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On October 8, 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’s alleged injury is consistent with SIRVA
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-00308-UNJ Document 23 Filed 11/12/25 Page 2 of 2
as defined by the Vaccine Injury Table. Specifically, petitioner had no history of pain,
inflammation, or dysfunction of her left shoulder at the time of her vaccination; pain
occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and
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
4-5. Respondent further agrees that Petitioner suffered the residual effects of her injury
for more than six months and that she 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