# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1926 V

UNPUBLISHED

LISA ADAMS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 7, 2021

Special Processing Unit (SPU) ;

Rul ing on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Administration (SIRVA)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA , for petitioner.

Jennifer Leigh Reynaud , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On December 19, 20 19

, Lisa Adams 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) caused b y an influenza (flu) vaccination received on November

10, 2018 . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 20, 2021

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

P etitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report at 1. Respondent concluded that “ [P] etitioner ’ s alleged injury is consistent with a SIR VA injury,

as defined on the Vac cine Injury Tab le. ” Id . at 3. Specifically, R espondent found that

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required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 “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa
(2012 ).2

[P]etitioner had no history of pain, inflammation, or dysfunction of the left shoulder; medical records document that the shoulder pain occurred within 48 hours after
vaccination; the pain was limited to the shoulder in which the vaccine was administered;

and no other condition or abnormality has been identified to explain petitioner’s shoulder
pain

. . . . Additionally, based on the medical records outlined above, [P] etitioner suffered

the residual effects of the condition for more than six months. Therefore, based on the

record as it now stands, [P] etitioner has satisfied all legal prerequisites for compensation

under the Act

. Id. (Citations omitted). Respondent further agrees that the s cope of damages to be awarded is limited to Petitioner ’ s SIR VA and its related sequelae

. Id.

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

P etitioner is entitle d to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran

Chief Special Master