In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 18-1143V 

 Filed: July 25, 2019 

UNPUBLISHED 

IRIS J. JACKSON, 

 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) 

   

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner. 

Ashley Monique Simpson, U.S. Department of Justice, Washington, DC, for respondent. 

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On August 6, 2018, Iris J. Jackson (“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 an influenza (“flu”) vaccine she 

received on September 25, 2017. Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters. 

                                                            

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 Because this unpublished ruling contains a reasoned explanation for the action in this 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

On July 24, 2019, 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 states that 

[t]he Division of Injury Compensation Programs has reviewed the facts of this 

case and concluded that petitioner’s claim meets the Table criteria for SIRVA. 

Specifically, petitioner had no history of pain, inflammation or dysfunction of the 

affected shoulder prior to intramuscular vaccine administration that would explain 

the alleged signs, symptoms, examination findings, and/or diagnostic studies 

occurring after vaccine injection; she suffered the onset of pain within forty eight 

hours of vaccine administration; her pain and reduced range of motion were 

limited to the shoulder in which the intramuscular vaccine was administered; and 

there is no other condition or abnormality present that would explain petitioner’s 

symptoms. Therefore, petitioner is entitled to compensation. 

Id. at 4-5. Respondent further agrees that “the records show that the case was timely 

filed, that the vaccine was received in the United States, and that petitioner satisfies the 

statutory severity requirement by suffering the residual effects or complications of her 

injury for more than six months after vaccine administration.” 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