In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1022V

Filed: September 14, 2018

UNPUBLISHED

ALBERT PARSONS,

 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)

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 ENTITLEMENT1

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 of 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 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 Because this unpublished ruling contains a reasoned explanation for the action in this 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).
caused. Id. at ¶¶ 1, 10, 13-14. The case was assigned to the Special Processing Unit 

of the Office of Special Masters.

On September 13, 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. 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 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

 

3 Specifically, respondent filed a combined Rule 4(c) report and proffer. (ECF No. 37).