# 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UNPUBLISHED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 & T oale, PA, Washington, DC, for petitioner. Ashley Monique Simpson, U.S. Department of Justice, Wash ington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey , Chief Special Master:

On June 8, 2017, petitioner filed a petition for compens ation 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 (“SIR VA”) 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 hi s Rule 4(c) report in which he concedes that petitioner is entitled to compen sation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent indicates that

1 Because this unpublished ruling contains a reaso ned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he 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 SI RVA. Specifically , petitioner had no history of pain, inflammation or dysf unction of the affected shoulder prior
to intramuscular vaccine administrat ion that would ex plain the alleged signs, symptoms, examination fi ndings, and/or diagnostic studies occurring after vaccine injection; s he suffered the onset of pain within forty-eight hours of vacci ne administration; her pai n 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 symptom s. 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 t he statutory severity requirement by suffering the residual effect s or complications of her injury for more than
six months after vaccine administration. See42 U.S.C. §§ 300aa11(c)(1)(D)(i).

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