Opinion

Tashi v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Aug 7, 2025
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 24-1748V

ANIFE TASHI, Chief Special Master Corcoran

Petitioner, Filed: July 7, 2025

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for

Respondent.

RULING ON ENTITLEMENT1

On October 25, 2024, Anife Tashi 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 (“flu”) vaccine received on October 15,

2022. Petition at ¶¶ 1-2. 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. Petition at ¶¶ 27-30. 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).

On July 3, 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

[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 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 [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-11(c)(1)(D)(i), -13(a)(1)(B).

Id. at 5.

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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