SHULTZ v. SECRETARY OF HEALTH AND HUMAN SERVICES

1:25-vv-00542Uscfc10.11.2025

Gesamter Gesetzestext

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0542V
PAMELA SHULTZ,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: October 9, 2025
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 26, 2025, Pamela Shultz 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”) as the result of a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccine received on July 11, 2022. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 8, 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. Specifically, Respondent agrees that Petitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table. Id. at 5 (citing 42 C.F.R. §§ 100.3(a),
(c)(10)). Respondent further agrees that Petitioner suffered the residual effects of his
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).
CORRECTED
Case 1:25-vv-00542-UNJ Document 20 Filed 11/10/25 Page 1 of 2
2
condition for more than six months, and that Petitioner has satisfied all legal prerequisites
for compensation under the Vaccine Act. Id. (citing Section 13(a)(1)(B), Section
11(c)(1)(D)(i)).
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 1:25-vv-00542-UNJ Document 20 Filed 11/10/25 Page 2 of 2

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