In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1508V

UNPUBLISHED

ANNETTE THOMPSON,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: February 17, 2022

Special Processing Unit (SPU); 

Ruling 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 ENTITLEMENT1

On November 2, 2020, 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 

administration (SIRVA) resulting from the administration of an influenza (flu) vaccination 

on September 27, 2019. Petition at 1. Petitioner further alleges that the vaccination was 

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

more than six months, and no lawsuits have been filed or settlements or awards accepted 

by anyone, including the petitioner, due to Petitioner’s vaccine-related injury. Petition at

15. The case was assigned to the Special Processing Unit of the Office of Special 

Masters.

1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required 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

On January 28, 2022, 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 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 was administered; and no other condition or 

abnormality was identified to explain her symptoms.” Id. at 5-6 (footnote omitted).

Respondent concluded that Petitioner has satisfied all legal prerequisites for 

compensation under the Act. Id. at 6. Respondent further agrees that the scope of 

damages to be awarded is limited to petitioner’s SIRVA and its related sequelae only. 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