Allen v. Secretary of Health and Human Services
Opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 24-1921V
PORCHIA ALLEN, Chief Special Master Corcoran
Petitioner, Filed: December 15, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT 1
On November 21, 2024, Porchia Allen 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 vaccination she received on October 16, 2023. Petition at 1. Petitioner further alleges that she has suffered the residual effects of her vaccine-related injury for more than six months. Petition at ¶ 33. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 9, 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 developed a shoulder injury related to vaccine administration (“SIRVA”) as defined by the Vaccine Injury Table. Specifically, Petitioner 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 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 7. 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
Case-law data current through September 30, 2026. Source: CourtListener bulk data.