In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-0085V 

Filed: November 29, 2018

UNPUBLISHED

ROBERT CRAMER, 

 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)

Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for 

petitioner.

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On January 17, 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 he suffered a shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza vaccine that was administered on 

October 31, 2016. Petition at 1-4. The case was assigned to the Special Processing 

Unit of the Office of Special Masters.

 

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 Because this unpublished ruling contains a reasoned explanation for the action in this 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

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

§ 300aa (2012).
On November 29, 2018, 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. Specifically, respondent states, “petitioner’s medical course is 

consistent with a shoulder injury related to vaccine administration (“SIRVA”) as defined 

on the Vaccine Injury Table Id. at 5. Respondent agrees that petitioner had no recent 

history of pain, inflammation, or dysfunction of his left shoulder; pain occurred within 48 

hours after receipt of an intramuscular vaccination; pain was limited to the shoulder 

where the vaccine was administered; and no other condition or abnormality has been 

identified to explain petitioner’s shoulder pain. Id. Respondent further agrees that 

petitioner suffered the residual effects of his condition for more than six months and 

“has satisfied all legal prerequisites for compensation under the Act.” Id.

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