VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-01328
Package ID: USCOURTS-cofc-1_25-vv-01328
Petitioner: Andrew Diaz
Filed: 2026-02-10
Decided: 2026-03-25
Vaccine: Tdap
Vaccination date: 2023-05-17
Condition: left-sided shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Andrew Diaz filed a petition for compensation under the National Vaccine Injury Compensation Program on February 10, 2026, alleging a left-sided shoulder injury related to vaccine administration (SIRVA) resulting from a Tdap vaccination received on May 17, 2023. He further alleged that he suffered residual effects for more than six months. The Respondent conceded that Petitioner is entitled to compensation, stating that his injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the Respondent noted that Petitioner had no prior shoulder issues, the pain occurred within 48 hours post-vaccination, was limited to the vaccinated shoulder, and no other condition explained the pain. The Respondent also agreed that Petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. Based on the Respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-01328-0
Date issued/filed: 2026-03-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/10/2026) regarding 14 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:25-vv-01328-UNJ Document 17 Filed 03/25/26 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-1328V
ANDREW DIAZ, Chief Special Master Corcoran
Petitioner, Filed: February 10, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 11, 2025, Andrew Diaz 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 he suffered a left-sided shoulder injury related to
vaccine administration (“SIRVA”), as the result of a tetanus, diphtheria, and acellular
pertussis (“Tdap”) vaccination received on May 17, 2023. Petition at 1. Petitioner further
alleges that he suffered the residual effects of his injury for more than six months. Petition
at 2. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On February 10, 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 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-01328-UNJ Document 17 Filed 03/25/26 Page 2 of 2
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 in his left 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 5-6.
Respondent further agrees that Petitioner suffered the residual effects of his 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. 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