In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1541V

UNPUBLISHED

MARY K. JOHNSON,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: July 5, 2022

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for 

Petitioner.

Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT1

On November 6, 2020, Mary K. Johnson 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) resulting from adverse effects of an influenza (flu) vaccination she 

received on November 14, 2018. Petition at 1. Petitioner further alleges that her vaccinerelated injuries have lasted more than six months, and neither she, nor any other party, 

has ever brought an action for her vaccine-related injuries. Petition at 1-3. 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1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required 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). 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 (2012).
2

On June 30, 2022, 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 determined that “[P]etitioner has satisfied the criteria set forth in the Vaccine 

Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for a SIRVA 

injury caused by the flu vaccination she received in November 2018.” Id. at 5. Specifically, 

Respondent found that “[P]etitioner had no relevant history of pain, inflammation, or 

dysfunction in her left shoulder prior to [vaccination]; her pain and reduced range of 

motion occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms 

were limited to the shoulder in which the vaccine was administered; and no other condition 

or abnormality was identified to explain her symptoms.” Id. at 5. Thus, “[R]espondent 

concedes that entitlement to compensation is appropriate under the terms of the Vaccine 

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