In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1507V

UNPUBLISHED

MAURA MCAULIFFE,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: March 23, 2020

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

petitioner.

Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

On September 28, 2018, Maura McAuliffe 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 related to vaccine 

administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on 

October 27, 2014. Petition at 1. The case was assigned to the Special Processing Unit 

of the Office of Special Masters.

On February 18, 2020, a Fact Ruling was issued finding that there is

preponderant evidence to establish that the onset of Petitioner’s left shoulder pain 

 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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 EGovernment 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

occurred within 48 hours of the October 27, 2014 flu vaccination. Fact Ruling at 2, 6

(ECF No. 27).

On March 18, 2020, Respondent filed an Amended Rule 4(c) Report indicating 

that, although he reserves his right to a potential appeal of the Factual Ruling, he 

recognizes the factual finding regarding the onset of symptoms is “the law of the case . . 

. [and] advises that he will not defend the case on other grounds during further 

proceedings before the Office of Special Masters.” Amended Res. Report at 2-3 (ECF 

No. 28).3 

Respondent indicates that “[b]ased on the Chief Special Master’s fact ruling, and 

medical record evidence submitted in this case, DICP will not continue to contest that 

petitioner suffered SIRVA as defined by the Vaccine Injury Table.” Id. at 11. 

Respondent additionally concludes that Petitioner suffered the residual effects of her

condition for more than six months. Id. at 12. Respondent adds that, “based on the 

record as it now stands and subject to his right to appeal the Findings of Fact, 

respondent does not dispute that petitioner has satisfied all legal prerequisites for 

compensation under the Act.” Id. 

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

 

3 Additionally, Respondent clarifies that he is not waiving “any defenses that [he] may assert in the 

damages phase.” Amended Res. Report at 11 n.4.