United States Court of Federal Claims Rules in Favor of Vaccine Compensation

Strategic Insights -

Devin Hight, a petitioner under the National Vaccine Injury Compensation Program, has been awarded compensation for his shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 11, 2023. The United States Court of Federal Claims, in a ruling by Chief Special Master Corcoran, found that Hight satisfied all legal prerequisites for compensation under the Vaccine Act, with Respondent (Secretary of Health and Human Services) conceding that the petitioner's alleged injury is consistent with SIRVA.

Key Takeaways:

  • Devin Hight, a petitioner under the National Vaccine Injury Compensation Program, has been awarded compensation for SIRVA after receiving an influenza vaccine on October 11, 2023.
  • The United States Court of Federal Claims, in a ruling by Chief Special Master Corcoran, found that Hight satisfied all legal prerequisites for compensation under the Vaccine Act.
  • Respondent (Secretary of Health and Human Services) conceded that Hight's alleged injury is consistent with SIRVA.
  • Hight's case was assigned to the Special Processing Unit of the Office of Special Masters.
  • Respondent filed a Rule 4(c) report on June 20, 2025, in which he agreed that Hight is entitled to compensation.

Statistics:

  • 42 U.S.C. § 300aa-10, et seq. - the Vaccine Act that allows for compensation in cases of vaccine-related injuries.
  • 6 months - the duration of residual effects of Hight's SIRVA injury before he was awarded compensation.
  • 1, PP 2, 15, 17-18 - the sections of the petition where Hight alleges that he suffered a SIRVA injury after receiving the influenza vaccine on October 11, 2023.
  • October 11, 2023 - the date on which Hight received the influenza vaccine and allegedly suffered a SIRVA injury.
  • 14 days - the timeframe within which Hight must identify and move to redact medical or other information that constitutes an unwarranted invasion of privacy.

Sources:

  • 42 U.S.C. § 300aa (2018) - the Vaccine Act that governs the National Vaccine Injury Compensation Program.
  • Vaccine Rule 18(b) - the rule governing the disclosure of medical or other information that could be considered an invasion of privacy.
  • Kirk Otto, Rawls Law Group (Richmond), Richmond, VA - Petitioner's counsel.
  • Michael Bliley, U.S. Department of Justice, Washington, DC - Respondent's counsel.
  • Brian H. Corcoran, Chief Special Master, United States Court of Federal Claims - the ruling was made by Chief Special Master Corcoran.