# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1508 V

UNPUBLISHED

ANNETTE THOMPSON

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 17, 2022

Special Processing Unit (SPU) ;
Rul ing on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine Administration (SIRVA)

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA , for Petitioner.

Michael Johnson Dunn Brown , U.S. Department of Justice, Washington, DC, for

Respondent.

RULING ON ENTITLEMENT 1

On November 2, 202 0 , Annette Thompson 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 suffered a shoulder injury related to vaccine

administratio n (SIRVA) resulting from the administration of an influen za ( flu) vaccination on September 27, 2019 . Petition at 1

. Petitioner further alleges that the v accination was

administered within the Unite d States, she suffered the residual effects of her injury for

more than six months , a nd no lawsuits have been filed or settlements or awards accepted
by anyone, including the petitioner, due to Petitioner ’ s vaccine

- related injury . Petition at

1 5

. T he case was assigned to the Special Processing Unit of the Office of Special

Masters.

1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 R uling 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 wil l 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 subpara graph of 42 U.S.C. § 300aa (2012 ).2

On January 28, 2022

, R espondent filed his Rule 4(c) report in which he concedes

that P etitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at

1. Specifically, R espondent determined that “ [P] etitioner 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 wa s administered; and no other condition or
abnormality was identified to explain her symptoms

. ” Id. at 5

- 6 (footnote omitted)

. Respondent concluded that P etitioner has satisfied all legal prerequisites for compensation under the Act. Id . at 6. Respondent further agrees that the sco pe of damages to be awarded is limited to petitioner’s SIRVA and its related sequelae only

. Id.

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

P etitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master