Hartley v. Secretary of Health and Human Services
Opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 25-1704V
SHELBY HARTLEY,
Chief Special Master Corcoran Petitioner,
v. Filed: July 20, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Kristen Bonjour, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 10, 2025, Shelby Hartley 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 a November 22, 2024 influenza (“flu”) vaccination caused her to suffer a left-sided shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. Petition at 1. Petitioner further alleges that she suffered the residual symptoms of her injury for more than six months. Petition at 2. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 17, 2026, 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 “Petitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior to vaccination that would explain petitioner’s post- vaccination symptoms; shoulder pain occurred within forty-eight hours after receipt of an intramuscular flu vaccination; shoulder pain and reduced ROM were limited to the side in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at 5. Respondent further agrees that Petitioner suffered the residual effects of her condition for more than six months and that based on the record as it now stands, Petitioner has satisfied all requirements 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.