United States Court of Federal Claims, 2025

Spencer v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided October 21, 2025 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 24-1968V

ELLERY SPENCER, Chief Special Master Corcoran

Petitioner, Filed: September 12, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Jessica Wallace, Siri & Glimstad, LLP, Aventura, FL, for Petitioner.

Dima Atiya, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT 1

On December 2, 2024, Ellery Spencer 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 anaphylaxis following an influenza vaccination she received on December 1, 2021. Petition at 1. Petitioner further alleges that she has suffered “sequela that has continued for more than six (6) months.” Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 11, 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. Respondent states that “Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford Petitioner a presumption of causation if onset of anaphylaxis occurs within four hours of vaccination”. Id. at 9. Respondent further agrees that “based on the record as it now stands, 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

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).

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