VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00417 Package ID: USCOURTS-cofc-1_25-vv-00417 Petitioner: A.S. Filed: 2025-03-04 Decided: 2025-10-30 Vaccine: influenza Vaccination date: 2023-10-09 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 55000 AI-assisted case summary: On March 4, 2025, A.S. filed a petition alleging that an influenza vaccine administered on October 9, 2023 caused a shoulder injury related to vaccine administration. The public decision is redacted and identifies A.S. as a competent adult without stating an exact age. Respondent conceded entitlement after DICP reviewed the petition and medical records. The concession stated that A.S. had no prior shoulder pain, inflammation, or dysfunction; that pain occurred within 48 hours of vaccination; that pain and reduced range of motion were limited to the vaccinated shoulder; that no other condition explained the pain; and that residual effects lasted more than six months. Chief Special Master Corcoran granted entitlement on October 2, 2025. Respondent then proffered damages, and A.S. agreed. On October 30, 2025, the Chief Special Master awarded $55,000.00 for pain and suffering, payable as a lump sum through counsel's IOLTA account. The public proffer does not provide a detailed clinical timeline beyond the Table SIRVA elements. Theory of causation field: Redacted adult petitioner A.S.; influenza vaccine October 9, 2023; Table SIRVA. COMPENSATED. Respondent conceded no prior shoulder symptoms, pain within 48 hours, pain/ROM limitation confined to vaccinated shoulder, no alternative condition, and residual effects beyond six months. Entitlement October 2, 2025; damages October 30, 2025. Award $55,000 pain/suffering. Petition filed March 4, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00417-0 Date issued/filed: 2025-11-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/02/2025) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. (Main Document 31 replaced on 11/6/2025 to add the redacted pdf.) (fm). (Main Document 31 replaced on 11/7/2025 to correct the refiled as redacted date.) (fm). -------------------------------------------------------------------------------- Case 1:25-vv-00417-UNJ Document 31 Filed 11/05/25 Page 1 of 2 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0417V A.S., Chief Special Master Corcoran Petitioner, v. Filed: October 2, 2025 SECRETARY OF HEALTH AND Refiled as Redacted: November 5, HUMAN SERVICES, 2025 Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On March 4, 2025, A.S. filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine Act”), alleging that she 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 vaccination received on October 9, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 30, 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. Id. at 4-5 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for 1 When this Ruling was originally filed, I advised my intent to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), Petitioner filed a timely motion to redact certain information. This Ruling is now posted with Petitioner’s name redacted to reflect her initials only. Except for those changes and this footnote, no other substantive changes have been made. This Ruling will be posted on the Court’s website with no further opportunity to move for redaction. 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-00417-UNJ Document 31 Filed 11/05/25 Page 2 of 2 compensation under the Vaccine Act. Id. at 5 (citing Section 13(a)(1)(B); Section 11(c)(1)(D)(i)). 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-00417-1 Date issued/filed: 2025-12-04 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 10/30/2025) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00417-UNJ Document 35 Filed 12/04/25 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0417V A.S., Chief Special Master Corcoran Petitioner, v. Filed: October 30, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On March 4, 2025, A.S. filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine Act”), alleging that she 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 vaccination received on October 9, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. OnOctober 2, 2025,a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for a Table SIRVA. On October 28, 2025, Respondent filed a Proffer on award of compensation (“Proffer”). Respondent represented that Petitioner agrees with 1Because 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. 2National 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-00417-UNJ Document 35 Filed 12/04/25 Page 2 of 4 the proffered award. Id. at 2. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached proffer, Petitioner is awarded alump sum of $55,000.00 (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). Proffer at 2. 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-00417-UNJ Document 35 Filed 12/04/25 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS A.S., Petitioner, v. No. 25-417V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On March 4, 2025, A.S. (“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”), as amended, alleging that she suffered a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on October 9, 2023. Petition at 1. She filed an amended petition on March 12, 2025, providing much more detail about her claim. ECF No. 10. On September 30, 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. 19. On October 2, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 20. I. Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $55,000.00 for pain and suffering. 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-00417-UNJ Document 35 Filed 12/04/25 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 $55,000.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, A.S. 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 TRACI R. PATTON 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: October 28, 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