VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-01065 Package ID: USCOURTS-cofc-1_25-vv-01065 Petitioner: HEATHER RISH Filed: 2025-06-25 Decided: 2026-08-06 Vaccine: influenza Vaccination date: 2023-11-27 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Heather Rish filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 27, 2023. She further alleged that she continued to suffer residual effects for more than six months. The respondent conceded that Ms. Rish is entitled to compensation, stating that she had no prior history of shoulder pain or dysfunction, that her pain occurred within forty-eight hours after the vaccination, and that the pain and reduced range of motion were limited to the side of the vaccination. The respondent agreed that Ms. Rish satisfied all requirements for compensation under the Act. Based on the respondent's concession and the evidence, the Chief Special Master found that Ms. Rish is entitled to compensation. The case was resolved on entitlement, with damages to be determined. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-01065-0 Date issued/filed: 2026-09-09 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/06/2026) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-01065-UNJ Document 30 Filed 09/09/26 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-1065V HEATHER RISH, Chief Special Master Corcoran Petitioner, v. Filed: August 6, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 25, 2025, Heather Rish 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”) following an influenza vaccination she received on November 27, 2023. Petition at 1. Petitioner further alleges that she continued to suffer the residual effects of her vaccine-related injury for more than six months. Petition at ¶ 13. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 3, 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 “Petitioner has no history of pain, inflammation, or 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-01065-UNJ Document 30 Filed 09/09/26 Page 2 of 2 dysfunction of her right shoulder prior to vaccination that would explain Petitioner’s post- vaccination symptoms; shoulder pain occurred within forty-eight hours after receipt of an intramuscular flu vaccination; shoulder pain and reduced ROM were limited to the side in which the vaccine was administered; and no other condition or abnormality has been identified to explain Petitioner’s shoulder pain.” Id. at 6-7. Respondent further agrees that, “based on the current record, Petitioner has satisfied all requirements for compensation under the Act.” Id. at 7. 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