Opinion

Ding v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Sep 5, 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Unpublished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. 25-83V

JING DING, Chief Special Master Corcoran

Petitioner, Filed: August 6, 2025

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.

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

Respondent.

RULING ON ENTITLEMENT 1

On January 17, 2025, Jing Ding (“Petitioner”) 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 from a shoulder injury related to

vaccine administration (“SIRVA”) as a result of receiving a tetanus-diphtheria-acellular

pertussis (“Tdap”) vaccination on August 17, 2023. Pet., ECF No. 1. Petitioner further

alleges that she suffered the residual effects of her injury for more than six months. Id.

The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 4, 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 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).

1, ECF No. 13. Specifically, Respondent indicated that “[P]etitioner’s alleged injury is

consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent does

not dispute that Petitioner “has satisfied all legal prerequisites for compensation under

the 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

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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