VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00627 Package ID: USCOURTS-cofc-1_25-vv-00627 Petitioner: Jennifer Akers Filed: 2025-04-11 Decided: 2025-10-24 Vaccine: influenza Vaccination date: 2023-12-19 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: On April 11, 2025, Jennifer Akers filed a petition alleging that an influenza vaccine administered on December 19, 2023 caused a right shoulder injury related to vaccine administration. The public ruling identifies her as an adult petitioner but does not state her exact age. Respondent conceded entitlement after DICP reviewed the filed petition and medical records. The concession stated that Ms. Akers had no prior right-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 the residual effects lasted more than six months. On October 24, 2025, Chief Special Master Corcoran found Ms. Akers entitled to compensation. Damages had not yet been awarded in the public text reviewed. Theory of causation field: Influenza vaccine December 19, 2023 causing right Table SIRVA in adult petitioner. ENTITLEMENT GRANTED; damages pending. Respondent conceded no prior right shoulder symptoms, pain within 48 hours, pain/reduced ROM limited to vaccinated shoulder, no alternative cause, and severity beyond six months. CSM Corcoran October 24, 2025. Petition filed April 11, 2025. Attorney Leah VaSahnja Durant. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00627-0 Date issued/filed: 2025-12-09 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/24/2025) regarding 17 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00627-UNJ Document 21 Filed 12/09/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0627V JENNIFER AKERS, Chief Special Master Corcoran Petitioner, Filed: October 24, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 11, 2025, Jennifer Akers 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 defined in the Vaccine Injury Table, 42 C.F.R. § 100.3, as the result of an influenza (“flu”) vaccination she received on December 19, 2023. Petition at Preamble. Petitioner further alleges that she suffered the residual symptoms of her injury for more than six months. Petition at 4; Amended Petition at 4. 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-00627-UNJ Document 21 Filed 12/09/25 Page 2 of 2 On October 24, 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 as defined by the Vaccine Injury Table. Specifically, petitioner had no history of pain, inflammation, or dysfunction of her right 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 6. 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