# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 814 V

UNPUBLISHED

PATRICIA MCDORMAN

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: October 5, 2020

Special Processing Unit (SPU) ;
Rul ing 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 Manga n, Jr. , U.S. Department of Justice, Washington, DC, for

respondent.

RULING ON ENTITLEMENT 1

On June 3, 20 19

, 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 i nfluenza ( “ flu ” ) vaccination she suffered a Shoulder Injury Related to Vaccine Administration ( “ SIRVA ” ) . Petit ion 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 subpara graph of 42 U.S.C. § 300aa (2012 ).On October 1, 2020

, 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. Specifically, R espondent indicates t hat

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 me dical 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 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