# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1541 V

UNPUBLISHED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) ; Rul ing 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 ENTITLEMENT 1

On November 6, 202 0

, Mary K. John son 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) va ccination she
received on November 14, 2018 . Petition at 1

. Petitioner further alleges that her vaccine

related injur ies have lasted more than six months, and neither she , nor any other party, has ever brough t a n action for h er vacc ine

- related injuries . Petition at 1

- 3

. T he case was assigned to the Special Processing Unit of the Office of Special Masters.

1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 R uling 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 wil l 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 subpara graph of 42 U.S.C. § 300aa (2012 ).2

On June 30, 2022

, R espondent filed his Rule 4(c) report in which he concedes that

P etitioner 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,

R espondent 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

motio n 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 en titlement to compensation is appropriate under the terms of the Vaccine

Act. ” Id

.

In view of R espondent’s position and the evidence of record, I find that

P etitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master