# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 0718 V

UNPUBLISHED

SHERRI CHEEK

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 14, 2020

Special Processing Unit (SPU) ;

Rul ing on Entitlement; Concession;

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

Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA , for petitioner.

Colleen Clemons Hartley , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On May 16, 2019

, Sherri Cheek 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 left shou lder injuries related to vaccine

administration ( “ SIRVA ” ) as a result of an influenza vaccination received on November 2,

2017 . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office
of Special Masters.

On September 14, 2020

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

concedes that P etitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c)
Report at 1. Specifically, R espondent agrees that “ pe titioner ’ s medical course is consistent with a shoulder injury related to vaccine administration ( “ SIRVA ” ) as defined

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required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 “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa

(2012 ).2

by the Vaccine Injury Table. Specifically, petition ha d no history of pain, inflammation, or
dys function of her left shoulde r, pain occurred within 48 hours after recei pt of an

intramus cular vaccination, pain was lim ited to the should er where the v accine was

administered, and no other condition or abnorm ality, such as bra chial neur itis, has been

id entified to explain petitioner ’ s shoulder pain. ” Id. at 4 . Respondent further agrees that

“ based on the medical records outlined above, petitioner suffered the residual effects of

her condition for more than six month s. Therefore, based on the record as it now stands,
petitioner has satisfied all legal prerequisites for compensation un der the Act

. ” Id.

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

P etitioner is entitle d to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran

Chief Special Master