In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-209V

Filed: December 10, 2018

UNPUBLISHED

SUSAN ZINANNI,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Michael Patrick Milmoe, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

petitioner.

Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On February 12, 2018, petitioner 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 “injuries, including Shoulder Injury 

Related to Vaccine Administration (“SIRVA)”, resulting from the adverse effects of an 

influenza (“flu”) vaccination she received on January 25, 2017.” Petition at 1. Petitioner 

asserts that her claim meets the Table definition of SIRVA. Id. at 1, ¶ 5. Petitioner 

further alleges that she received the vaccination in the United States, suffered the 

 

1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned 

agrees that the identified material fits within this definition, the undersigned will redact such material from 

public access. Because this unpublished ruling contains a reasoned explanation for the action in this 

case, undersigned is 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). 

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).
residual effects of her injuries for more than six months, and that neither she nor any 

other party has filed a civil action or received compensation for her injuries, alleged as 

vaccine caused. Id. at ¶¶ 1, 5-6. The case was assigned to the Special Processing 

Unit of the Office of Special Masters.

On December 4, 2018, 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 “has concluded that petitioner suffered a 

Table Shoulder Injury Related to Vaccine Administration (“SIRVA”).” Id. at 4. 

Respondent further agrees that “based on the current record, petitioner has satisfied all 

legal prerequisites for compensation under the Act.” Id.

In view of respondent’s position and the evidence of record, the 

undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master