In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1749V

UNPUBLISHED

PAMELA CASWELL,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: March 21, 2022

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT1

On December 3, 2020, Pamela Caswell 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 Table injury – Shoulder Injury 

Related to Vaccine Administration (“SIRVA”) – as a result of her February 3, 2020

influneza (“flu”) vaccine. Petition at 1. Petitioner further alleges that she suffered the 

residual effects of her injury for more than six months, and that there has been no prior 

award or settlement of a civil action on her behalf as a result of her injury. Petition at ¶¶

7-9. 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1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required 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 March 15, 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 indicates that he has

has concluded that [P]etitioner’s alleged injury is consistent with SIRVA, as 

defined on the Vaccine Injury Table. Specifically, [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 4 (citing 42 C.F.R. § 100.3(a), (c)(10)). Respondent further agrees that “[P]etitioner 

has satisfied the statutory requirement that [P]etitioner’s injury lasted for at least six 

months as required by 42 U.S.C. § 300aa-11(c)(1)(D)(i). Therefore, [Respondent 

indicates] based on the record as it now stands, [P]etitioner 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