In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-757V 

 Filed: February 20, 2018 

UNPUBLISHED 

TRACY MIDDLEBROOKS, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession; 

Table Injury; Hepatitis B (Hep B) 

Vaccine; Shoulder Injury Related to 

Vaccine Administration (SIRVA) 

   

Ann Mayhew Golski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. 

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

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On June 8, 2017, 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 the Table injury of a shoulder injury related to 

vaccine administration (“SIRVA”) as a result of her August 10, 2015 hepatitis B 

vaccination. Petition at 1-3. The case was assigned to the Special Processing Unit of 

the Office of Special Masters 

On February 14, 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 indicates that 

                                                            

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 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). 
DICP 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 a presumption of vaccine causation. 

Id. at 4. Respondent further agrees that 

 [w]ith respect to other statutory and jurisdictional issues, 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. See 42 U.S.C. §§ 300aa11(c)(1)(D)(i). 

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