In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-0839V 

 Filed: March 5, 2018 

UNPUBLISHED 

CONNIE OSBORNE, 

 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) 

   

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

petitioner. 

Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent. 

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On June 21, 2017, Connie Osborne (“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 her receipt of an influenza (“flu”) 

vaccine on August 24, 2016, caused her to suffer a left-sided 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 March 2, 2018, 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 “petitioner’s claim meets the Table criteria for 

                                                            

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 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). 
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 her symptoms.” Id. at 4. Respondent further 

agrees that petitioner’s SIRVA and its sequela persisted for more than six months after 

administration of the vaccine, and therefore, petitioner is entitled to a presumption of 

vaccine causation. 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