In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-2002V 

 Filed: November 14, 2018 

UNPUBLISHED 

RAMONA DICOMO, 

 Petitioner, 

v. 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

 Respondent. 

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession; 

Table Injury; Influenza (Flu) Vaccine; 

Shoulder Injury Related to Vaccine 

Administration (SIRVA) 

   

Carol L. Gallagher, Lindwood, NJ, for petitioner. 

Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. 

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On December 21, 2017, Ramona Dicomo (“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 left 

shoulder injury that was caused by an influenza (“flu”) vaccine she received on 

December 22, 2015. Petition at 1. 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 Because this unpublished ruling contains a reasoned explanation for the action in this 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 November 14, 2018, 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 states that petitioner’s claim meets the Table 

criteria for SIRVA. “Specifically, petitioner had no history of pain, inflammation or 

dysfunction of the affected shoulder prior to intramuscular vaccine administration that 

would explain the alleged signs, symptoms, examination findings, and/or diagnostic 

studies occurring after vaccine injection; she suffered the onset of pain within forty-eight 

hours of vaccine administration; her pain and reduced range of motion were limited to 

the shoulder in which the intramuscular vaccine was administered; and there is no other 

condition or abnormality present that would explain petitioner’s symptoms. Therefore, 

petitioner is entitled to a presumption of vaccine causation.” Id. at 3. Respondent 

further agrees that “the records show that the case was timely filed, that the vaccine 

was received in the United States, and that petitioner satisfies the statutory severity 

requirement by suffering the residual effects or complications of her injury for more than 

six months after vaccine administration.” 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