CRAIG v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1311V
KEVIN W. CRAIG,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 19, 2025
Joseph G. Muzic, Jr., Saidis, Shultz & Fisher, Mechanicsburg, PA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 15, 2023, Kevin W. Craig 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 as a result of an influenza (“flu”) vaccine received
on October 21, 2021, he suffered a shoulder injury related to vaccine administration
(“SIRVA”) as defined on the Vaccine Injury Table (the “Table”). Petition, ECF No. 1; see
also Amended Petition filed Apr. 29, 2024, ECF No. 19 (adding citations to the medical
history). The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On September 5, 2025, the undersigned entered Findings of Fact and Conclusions
of Law that the evidence preponderated in favor of Petitioner’s allegation of shoulder pain
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012).
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beginning within 48 hours after the vaccination, consistent with a Table SIRVA (ECF No.
43).
On December 18, 2025, Respondent filed a Rule 4(c) Report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Amended
Rule 4(c) Report (ECF No. 49) at 1. Specifically, in light of the undersigned’s finding that
Petitioner has satisfied the Table SIRVA onset requirement, Respondent has concluded
that Petitioner suffered a SIRVA related to his October 21, 2021 flu vaccination. Id. at 7.
Respondent 	further 	agrees 	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
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