In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1090V

Filed: June 13, 2019

UNPUBLISHED

YVONNE RICHERT,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

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

Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On July 25, 2018, 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 a Shoulder Injury Related to Vaccine 

Administration (SIRVA) as a result of her October 9, 2017 influenza (“flu”) vaccination. 

Petition at 1. The case was assigned to the Special Processing Unit of the Office of 

Special Masters.

On June 12, 2019, 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

 1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned 

agrees that the identified material fits within this definition, the undersigned will redact such material from 

public access. Because this unpublished ruling contains a reasoned explanation for the action in this 

case, undersigned is 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). 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
at 1. Specifically, respondent indicates that medical personnel at the Division of Injury 

Compensation Programs, Department of Health and Human Services (“DICP”) have

reviewed the petition and medical records filed in this case, and has 

concluded that compensation is appropriate in this case. DICP has 

concluded that petitioner’s alleged injury is consistent with SIRVA as 

defined on the Vaccine Injury Table. Specifically, petitioner had no history 

of pain, inflammation, or dysfunction of her left shoulder; pain occurred 

within 48 hours after receipt of an intramuscular vaccination; pain was 

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. 42 C.F.R. §§ 100.3(a), (c)(10).

Id. at 6. Respondent further agrees that

based on the medical records outlined above, petitioner suffered the 

residual effects of her condition for more than six months. Therefore, 

based on the record as it now stands, petitioner has satisfied all legal 

prerequisites for compensation under the Act. See 42 U.S.C. § 300aa13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i).

Id. at 6-7.

In view of respondent’s position and the evidence of record, the 

undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master