In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-1452V 

Filed: April 27, 2017 

Unpublished 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * 

LAUREL POWELL, * 

 * 

 Petitioner, * Ruling on Entitlement; Concession; 

v. * Influenza Vaccination; 

 * Shoulder Injury Related to Vaccine 

SECRETARY OF HEALTH * Administration (“SIRVA”);

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

 * 

 Respondent. * 

 * 

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Curtis Webb, Twin Falls, ID, for petitioner. 

Mallori Openchowski, U.S. Department of Justice, Washington, DC, for respondent. 

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On November 3, 2016, Laurel Powell (“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” or “Program”). Petitioner alleges that “[t]he 

trivalent influenza vaccination that she received on October 27, 2015 caused her to 

develop a Shoulder Injury Related to Vaccine Administration (SIRVA).” Petition at ¶ 2. 

Petitioner adds that she also hit her upper right arm and broke her right wrist after her 

injured left arm gave out while lifting herself out of the bathtub approximately one month 

later. Id. at ¶ 14. Petitioner further alleges that she has suffered the residual effects of 

her injury for more than six months as she continues to suffer pain in her right arm and 

left arm and shoulder, and that no one has filed a civil suit for compensation for her 

injury alleged as vaccine caused. Id. at ¶¶ 16-22, 25. The case was assigned to the 

Special Processing Unit of the Office of Special Masters. 

 

1

 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended 

at 44 U.S.C. § 3501 note (2012)). 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. 

2

 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012). 
2

On April 27, 2017, respondent filed his Rule 4(c) report in which he concedes 

that petitioner is entitled to compensation in this case for her SIRVA of the left shoulder 

and its related sequelae. Respondent’s Rule 4(c) Report at 1, 6. Specifically, 

respondent “has determined that petitioner’s alleged injury is consistent with a shoulder 

injury related to vaccine administration (“SIRVA”), and it was caused by the flu 

vaccination that petitioner received on October 27, 2015.” Id. at 6. Respondent further 

indicates 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 concession and the evidence before me, I find that 

petitioner is entitled to compensation. 

IT IS SO ORDERED. 

 s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master