VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00974 Package ID: USCOURTS-cofc-1_25-vv-00974 Petitioner: Donna Frederick Filed: 2026-03-27 Decided: 2026-04-28 Vaccine: influenza Vaccination date: 2023-10-24 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Donna Frederick filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received on October 24, 2023. She further alleged that she suffered residual effects of her injury for more than six months. The respondent conceded that Petitioner is entitled to compensation, stating that her alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that she had no prior history of shoulder issues, pain occurred within 48 hours after vaccination, pain and reduced range of motion were limited to the shoulder that received the vaccine, and no other condition adequately explained her shoulder pain. The respondent also confirmed that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master found Petitioner entitled to compensation. The case is proceeding to determine damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00974-0 Date issued/filed: 2026-04-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/27/2026) regarding 20 Ruling on Entitlement, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00974-UNJ Document 25 Filed 04/28/26 Page 1 of 2 (cid:38)(cid:50)(cid:53)(cid:53)(cid:40)(cid:38)(cid:55)(cid:40)(cid:39) In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-974V DONNA FREDERICK, Chief Special Master Corcoran Petitioner, Filed: March 27, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 10, 2025, Donna Frederick 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”) resulting from the influenza (“flu”) vaccination received on October 24, 2023. Petition at ¶¶ 2, 23. Petitioner further alleges that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Id. at ¶¶ 23-26. 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-00974-UNJ Document 25 Filed 04/28/26 Page 2 of 2 On March 26, 2026, 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, [the Division of Injury Compensation Programs] has concluded that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, [P]etitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred within 48 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 adequately explain [P]etitioner’s shoulder pain. 42 C.F.R. §§ 100.3(a), (c)(10). Additionally, based on the medical records outlined above, [P]etitioner suffered the residual effects of her condition for more than six months. Therefore, based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa11(c)(1)(D)(i). Id. at 6. 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(cid:3) (cid:3)