In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-814V

UNPUBLISHED

PATRICIA MCDORMAN,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: October 5, 2020

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Summer Pope Abel, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

petitioner.

Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for 

respondent.

RULING ON ENTITLEMENT1

On June 3, 2019, Patricia McDorman 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 November 16, 2017 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.

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required 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 subparagraph of 42 U.S.C. § 300aa 

(2012).
On October 1, 2020, 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

DICP has reviewed the petition and medical records filed in the case, and 

concluded that compensation is appropriate. DICP has concluded that 

petitioner’s alleged injury is consistent with SIRVA of the left arm and that it 

meets the requirements of a Table injury claim for SIRVA stemming from 

the flu vaccination on November 16, 2017. DICP did not identify any other 

causes for petitioner’s left arm injury, and records show that she suffered 

the sequela of this injury for more than six months. Based on the medical 

records outlined above, 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 5. Respondent further agrees that “based on the record as it now stands, petitioner 

has satisfied all legal prerequisites for compensation under the Act. The scope of any 

damages award should be limited to petitioner’s left SIRVA and its related sequela.” 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