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Court of Federal Claims Rules in Favor of Petitioner in National Vaccine Injury Compensation Program Case

Strategic Insights

— 1 min read

On July 22, 2025, Chief Special Master Brian H. Corcoran issued a ruling in the case of Jacky Graziano v. Secretary of Health and Human Services, finding in favor of the petitioner, Jackie Graziano, in her claim for compensation under the National Vaccine Injury Compensation Program. Graziano had filed a petition on January 30, 2025, alleging a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on October 20, 2023.

Key Takeaways:

  • The court ruled in favor of the petitioner, Jackie Graziano, finding that she is entitled to compensation under the National Vaccine Injury Compensation Program.
  • Graziano alleged a SIRVA injury as a result of an influenza vaccination she received on October 20, 2023, and the court found that her claim meets the legal prerequisites for compensation.
  • Respondent, the Secretary of Health and Human Services, conceded that Graziano is entitled to compensation in the case, citing the Division of Injury Compensation Programs' review of the petition and medical records.
  • The court's ruling states that Graziano had no history of pain, inflammation, or dysfunction of her left shoulder prior to vaccination, and her pain occurred within 48 hours after receipt of the intramuscular vaccination.
  • Graziano's medical records showed that she suffered residual effects of her condition for more than six months, satisfying the requirements for compensation under the Act.

Statistics:

  • 42 U.S.C. SS 300aa-10, et seq.: The National Vaccine Injury Compensation Program statute cited in the court's ruling.
  • 42 C.F.R. SSSS 100.3(a), (c)(10): The federal regulation defining shoulder injury related to vaccine administration (SIRVA) and theURAL criteria for SIRVA.
  • 14 days: The timeframe set by Vaccine Rule 18(b) for the petitioner to identify and move to redact medical or other information that would constitute an unwarranted invasion of privacy.
  • 7/21/2025: The date on which Respondent filed his Rule 4(c) report conceding that Petitioner is entitled to compensation in this case.

Sources:

  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
  • 42 U.S.C. SS 300aa (2018).
  • 44 U.S.C. SS 3501 note (2018).
  • Vaccination Rule 18(b).
  • Division of Injury Compensation Programs (DICP) report.

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