In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-46V 

 Filed: March 7, 2018 

UNPUBLISHED 

LEANNE LEWIS, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession; 

Causation-In-Fact; Influenza (Flu) 

Vaccine; Shoulder Injury Related to 

Vaccine Administration (SIRVA) 

   

Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. 

Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. 

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On January 11, 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 she suffered a Shoulder Injury Related to 

Vaccine Administration (“SIRVA”) as a result of her October 30, 2015 influenza (“flu”) 

vaccination. See Petition. The case was assigned to the Special Processing Unit of the 

Office of Special Masters. 

On March 2, 2018, respondent filed his Rule 4(c) Report and Proffer on 

Compensation in which he concedes that petitioner is entitled to compensation in this 

case. Respondent’s Rule 4(c) Report and Proffer on Compensation at 1. Specifically, 

respondent indicates that 

                                                            

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 

undersigned intends 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). 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. 

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). 
 

[m]edical personnel at the Division of Injury Compensation Programs 

(DICP) have reviewed the petition and medical records filed in this case. 

Based on that review, DICP has concluded that petitioner’s left shoulder 

injury is consistent with SIRVA, as defined by the Vaccine Injury Table. 42 

C.F.R. § 100.3(a)(XIV)(B), (c)(10). Specifically, petitioner had no recent 

history of pain, inflammation, or dysfunction of her left shoulder, the onset 

of pain occurred within forty-eight hours after receipt of an intramuscular 

flu vaccination, the pain was limited to the shoulder where the flu vaccine 

was administered, and no other condition or abnormality, such as brachial 

neuritis, has been identified to explain petitioner’s left shoulder pain. Id. 

Additionally, based on the medical records outlined above, petitioner 

suffered the residual effects of her condition for more than six months. 

Therefore, based on the record as it now stands, petitioner has satisfied 

all legal prerequisites for compensation under the Act. See 42 U.S.C. § 

300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i). 

Id. at 3. Respondent further notes that 

[p]etitioner, however, is not entitled to compensation for any injury that she 

may allege to have been caused by her receipt a pneumococcal 

vaccination also administered on October 30, 2015, including any alleged 

injury to her right shoulder, because the pneumococcal vaccine is not 

covered under the Vaccine Injury Table. 42 C.F.R. §100.3(a). 

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