Feedback

Martin V Secretary Of Health And Human Services

                                               CORRECTED



  In the United States Court of Federal Claims
                                 OFFICE OF SPECIAL MASTERS
                                         No. 22-109V


 SAMUEL MARTIN,                                             Chief Special Master Corcoran

                        Petitioner,                         Filed: June 24, 2025
 v.

 SECRETARY OF HEALTH AND
 HUMAN SERVICES,

                       Respondent.


Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.

Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.

                                   RULING ON ENTITLEMENT 1

       On February 3, 2022, Samuel Martin (“Petitioner”) 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 he suffered from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccination
on November 11, 2020. Pet., ECF No. 1. Petitioner further alleges that he suffered the
residual effects of his injury for more than six months. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.

       On April 21, 2025, I issued a fact ruling finding that Petitioner suffered the residual
effects of his injury for at least six months post vaccination, as alleged. ECF No. 34.




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).
       On June 20, 2025, Respondent filed his Amended Rule 4(c) report in which he
states that in light of my Fact Ruling, he will not continue to defend this matter on other
grounds and requests a ruling on the record regarding Petitioner’s entitlement to
compensation. Respondent’s Rule 4(c) Report at 2, ECF No. 39. Specifically, Respondent
indicated that Petitioner has “otherwise satisfied the criteria set forth in the Vaccine Injury
Table and Qualifications and Aids to Interpretation [] for SIRVA.” Id. Respondent “does
not dispute that [P]etitioner has satisfied all legal prerequisites for compensation under
the Act.” Id. at 6.

       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