1

In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-1420V 

 Filed: November 2, 2018 

UNPUBLISHED 

AUDREA DALE, 

 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) 

   

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

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

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On October 3, 2017, Audrea Dale (“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 

related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she 

received on November 17, 2016. 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 Because this unpublished ruling contains a reasoned explanation for the action in this 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). 
2

On November 2, 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 alleged injury is 

consistent with SIRVA, as defined on the Vaccine Injury Table. Specifically, petitioner 

had no history of pain, inflammation or dysfunction in her left shoulder; her pain and 

reduced range of motion occurred within 48 hours of receipt of an intramuscular 

vaccination; her symptoms were limited to the shoulder in which the vaccine was 

administered; and no other condition or abnormality was identified to explain her 

symptoms.” Id. at 4. 

 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