The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-1712V
HEATHER J. GARDNER, Chief Special Master Corcoran
Petitioner, Filed: April 24, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ramon Rodriguez, III, Siri & Glimstad LLP, Richmond, VA, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On October 22, 2024, Heather J. Gardner 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 an influenza (“flu”) vaccine received on November
19, 2021. Petition at 1. Petitioner further alleges that she received the flu vaccine in the
United States, she suffered residual effects of her injury for more than six months, and
neither Petitioner, nor anyone on her behalf, has filed a civil action or received or collected
an award or settlement of a civil action for damages, for her vaccine-related injuries.
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).
Petition at ¶¶ 3, 18, 19. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On April 23, 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 in that “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 range of
motion [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 the records demonstrate that Petitioner suffered the
residual effects of her condition for more than six months and has satisfied all legal
prerequisites for compensation under the Vaccine 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