In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-704V 

Filed: September 19, 2016 

UNPUBLISHED 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * 

 BARBARA SANDERS, * 

 * 

 Petitioner, * Ruling on Entitlement; Concession; 

v. * Influenza (“Flu”) Vaccination; Shoulder 

 * Injury Related to Vaccine Administration 

SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit 

AND HUMAN SERVICES, * (“SPU”) 

 * 

 Respondent. * 

 * 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * 

John Robert Howie, Jr, Howie Law, P.C., Dallas, TX, for petitioner. 

Gordon Elliot Shemin, U.S. Department of Justice, Washington, DC, for respondent. 

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On June 16, 2016, 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 as a result of her September 22, 2015 influenza (“flu”) 

vaccination she suffered a shoulder injury related to vaccine administration (“SIRVA”). 

Petition at 1. The case was assigned to the Special Processing Unit of the Office of 

Special Masters. 

On September 16, 2016, respondent filed her Rule 4(c) report in which she 

concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 

4(c) Report at 1. Specifically, respondent 

has concluded that petitioner’s alleged injury is consistent with a shoulder 

injury related to vaccine administration (SIRVA), and that it was caused in 

 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 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). 
2

fact by the flu vaccine she received on September 22, 2015. 

[Respondent] did not identify any other causes for petitioner’s SIRVA, and 

records reflect that she has suffered the sequela of her injury for more 

than six months. Based on the medical records . . . petitioner has met the 

statutory requirements for entitlement to compensation. See 42 U.S.C. § 

300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D). 

Id. at 4. Respondent further indicates that “based on the record as it now stands, 

petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. 

 In view of respondent’s concession and the evidence before me, the 

undersigned finds that petitioner is entitled to compensation. 

IT IS SO ORDERED.

 s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master