In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 18-0527V 

UNPUBLISHED 

MICHAEL JOSEPH DEUTSCH, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: December 1, 2021 

Special Processing Unit (SPU); 

Ruling 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. 

Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. 

RULING ON ENTITLEMENT1

 On April 10, 2018, Michael Deutsch 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 he suffered shoulder pain and other symptoms that 

were “caused in fact by the influenza vaccination” that he received on December 1, 2016. 

Petition at 1-2. Petitioner further alleges that he suffered the residual effects of his injury 

for more than six months. Petition at 2. The case was assigned to the Special Processing 

Unit of the Office of Special Masters. 

 On November 29, 2021, Respondent filed his Amended 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 stated that “[i]n light of the Chief Special 

1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012). 
2

Masters Findings of Fact, and medical records evidence submitted in this case, DICP has 

concluded that petitioner suffered a SIRVA as defined by the Vaccine Injury Table”. Id. at 

6. Respondent further agrees that “petitioner had no recent history of pain, inflammation, 

or dysfunction of his left shoulder; the onset of pain occurred within 48 hours after receipt 

of an intramuscular vaccination; the pain was limited to the shoulder in which the vaccine 

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

been identified to explain petitioner’s left shoulder pain.” Id. Respondent further states 

that petitioner suffered the residual effects of his condition for more than six months and 

Respondent does not dispute that Petitioner has satisfied all legal prerequisites for 

compensation under the Act. 

 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