In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-927V

UNPUBLISHED

TAMMIE WALDEN,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: November 16, 2020

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.

Jeremy C. Fugate, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

On June 25, 2019, Tammie Walden 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 as a result of her 

influenza (“flu”) vaccination on October 23, 2018. Petition at 1-6. The case was assigned 

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

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required 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 subparagraph of 42 U.S.C. § 300aa 

(2012).
2

On November 2, 2020, 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. Specifically, Respondent indicates that

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

Department of Health and Human Services (“DICP”), have reviewed the 

Petition and medical records filed in the case. Based on that review, DICP 

has concluded that petitioner suffered a SIRVA of the left shoulder as 

defined by the Vaccine Injury Table. Specifically, petitioner had no recent 

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

of pain occurred within 48 hours after receipt of an intramuscular 

vaccination; the 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 left shoulder symptoms. 

42 C.F.R. §§ 100.3(a), (c)(10).

Id. at 4-5. Respondent further indicates that “DICP did not identify any other causes for 

petitioner’s SIRVA, and based on the medical records outlined above, petitioner met the 

statutory requirements by suffering the condition for more than six months.” Id. at 5 (citing 

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

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

Petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master