# 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UNPUBLISHED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, Wash ington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey , Chief Special Master:

On August 6, 2018, Iris J. Jackson (“pet itioner”) filed a petit ion for compensation under the National Vaccine Injury Com pensation Program, 42 U.S.C. §300aa-10, et

seq.

, 2 (the “Vaccine Act”). Petitioner alleges t hat she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a re sult 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 Offi ce of Special Masters.

1 The undersigned intends to post this ruling on the Un ited 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 mo ve 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 def inition, the undersigned will redact such material from public access. Because this unpublished ruling contai ns a reasoned explanation for the action in this case, undersigned is required to post it on the Unit ed States Court of Federal Claims' website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 Ac t 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 com pensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent states that

[t]he Division of Injury Compensation Pr ograms has reviewed the facts of this case and concluded that petitioner’s clai m meets the Table cr iteria for SIRVA. Specifically, petitioner had no history of pain, inflammati on or dysfunction of the affected shoulder prior to intramuscular vaccine administration that would explain the alleged signs, symptoms, examinati on findings, and/or diagnostic studies occurring after vaccine injection; she suffe red the onset of pai n within forty eight hours of vaccine administration; her pai n and reduced range of motion were

limited to the shoulder in which the in tramuscular 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 Un ited States, and that pet itioner satisfies the statutory severity requirement by suffering t he residual effects or complications of her injury for more than six months after vaccine administration.” Id.

In view of respondent’s positio n 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