# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1022 V

Filed: September 14, 2018

UNPUBLISHED

ALBERT PARSONS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU) ;

Rul ing on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Administration (SIRVA)

Ann Mayhew Golski

, Maglio Christopher & Toale, PA, Washington, DC , for petitioner.

Robert Paul Coleman, III , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey

, Chief Special Master:

On July 28, 2017 , 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”) causally related to an adverse reaction to the seasonal influenza vaccination he received on August 11, 2016 . Petition at ¶¶ 1, 8

- 9

. Petitioner further alleges that he received the vaccination in the United States, has suffered the

residual effects o f his injury for more than six months, and that neither he nor any other party has filed an action or received compensation for his injury alleged as vaccine

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 iden tified material fits within this definition, the undersigned will redact such material from

public access. Because this un published ruling contains a reasoned explanation for the action in this
case, undersigned is required to post it on the United States Co urt 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 E lectronic Government Services).

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 St at. 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).caused. Id. at ¶¶ 1, 10, 13

- 14. The case was assigned to the Special Processing Unit

of the Offi ce of Special Masters.

On September 13, 2018

, respondent filed his Rule 4(c) report in which he

concedes that petitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report at 1. 3 Specifically, respondent “has concluded that petitioner suffered SIRVA as defined by the Vaccine Injury Table.” Id. at 2 . Respondent further agrees

that “based on the record as it now stands, petitioner has satisfied all legal prerequisites for compe nsation under the Act.” Id.

In view of respondent’s position and the evidence of record, the undersigned find s that petitioner is entitle d to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3 Specifically, r espondent filed a combined Rule 4 (c) report and p roffer. (ECF No. 37).