In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-107V 

 Filed: August 16, 2017 

UNPUBLISHED 

WILLIE D. WEBB, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession; 

Causation-In-Fact; Tetanus 

Diphtheria (Td) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA) 

   

Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. 

Lynn Elizabeth Ricciardella, U.S. Department of Justice, Washington, DC, for 

respondent. 

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On January 23, 2017, 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 a Shoulder Injury Related to 

Vaccine Administration (“SIRVA”) as a result of her July 6, 2016 Tetanus Diphtheria 

(“Td”) Vaccine. See Petition at 1-2. 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 

undersigned intends 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). 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. 

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). 
On August 16, 2017, 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 

[m]edical personnel at the Division of Injury Compensation Programs, 

Department of Health and Human Services (“DICP”), have reviewed the 

petition and medical records filed in this case, as well as the relevant 

medical literature regarding petitioner’s alleged shoulder injury. Based on 

that review, DICP has concluded that a preponderance of evidence 

establishes that the injury to petitioner’s right shoulder was caused by the 

administration of the July 6, 2016, Td vaccine, and that petitioner’s injury 

is not due to factors unrelated to the administration of the Td vaccine. See 

42 U.S.C. § 300aa-13(a)(1). In addition, given the medical records 

outlined above, the statutory six month sequela requirement has been 

satisfied. See 42 U.S.C. § 300aa- 11(c)(D)(i). 

Id. at 4. 

 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