# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0399 V

Filed: April 2, 2019

UNPUBLISHED

NANCY BROCK

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Special Processing Unit (SPU) ;
Rul ing 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 ENTITLEMENT 1

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 su ffered 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 . Petit ion 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 invasio n 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 Because this unpublished ruling contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website in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 N ational 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 ).On March 29, 2019

, 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. 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 occurr ed within 48 hours after receipt of an intramuscular vaccination, pain was

limited to the shoulder w here 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 sati sfied all legal prerequisites for compensation 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