In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-0399V

Filed: April 2, 2019

UNPUBLISHED

NANCY BROCK,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Pneumococcal Conjugate Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

John Caldwell, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.

Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for 

respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On March 15, 2018, 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 she suffered a shoulder injury related to vaccine 

administration (“SIRVA”) as a result of influenza and pneumococcal conjugate vaccines 

received in her left deltoid on October 8, 2015. Petition at 1-2. The case was assigned 

to the Special Processing Unit of the Office of Special Masters.

 

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 Because this unpublished ruling contains a reasoned explanation for the action in this 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).
On March 29, 2019, 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 states that petitioner’s medical course is consistent with SIRVA as 

defined on the Vaccine Injury Table. Id. at 4. Specifically, respondent states that 

petitioner had no recent history of pain, inflammation, or dysfunction of her left shoulder, 

pain occurred within 48 hours after receipt of an intramuscular vaccination, pain was 

limited to the shoulder where the vaccine was administered, and no other condition or 

abnormality, such as brachial neuritis, has been identified to explain petitioner’s 

shoulder pain. Id. Respondent further agrees that petitioner suffered the residual 

effects of her condition for more than six months and 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