FEIN v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0412V
LESLIE FEIN,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: October 29, 2025
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 4, 2025, Leslie Fein 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”) following an influenza vaccination she received on January 14,
2024. Petition at 1. Petitioner further alleges that her “SIRVA symptoms have persisted
for more than six months.” Petition at ¶ 8. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 22, 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. Respondent states that “Petitioner’s alleged injury is consistent with SIRVA as defined
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).
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by the Vaccine Injury Table. Specifically, Petitioner had no history of pain, inflammation,
or dysfunction of her right shoulder prior to vaccination; pain occurred within 48 hours
after receipt of an intramuscular vaccination; pain and reduced range of motion were
limited to the shoulder in which the vaccine was administered; and no other condition or
abnormality has been identified to explain Petitioner’s shoulder pain.” Id. at 5. Respondent
further agrees that , “based on the record as it now stands, Petitioner has satisfied all
legal prerequisites for compensation under the Act”. Id.
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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