CIVIS v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-224V
MARLENE CIVIS,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 17, 2025
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 14, 2024, Marlene Civis (“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 she suffered from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccination
on January 26, 2022. Pet., ECF No. 1. Petitioner further alleges that she suffered the
residual effects of her injury for more than six months. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 16, 2025, I issued a fact ruling finding that Petitioner suffered the
residual effects of her injury for at least six months post vaccination, as alleged. ECF No.
19.
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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On December 3, 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 	1-2, 	ECF 	No. 	23. 	Specifically,
Respondent indicated that Petitioner has “otherwise satisfied the legal prerequisites for
compensation under the Vaccine Act.” Id. at 2.
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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