In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1179V

UNPUBLISHED

JODY CALDWELL,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: February 16, 2022

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner.

Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT1

On September 11, 2020, Jody Caldwell 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 left shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza vaccine received on September 13, 

2017. Petition at 1. Petitioner further alleges the vaccine was administered in the United 

States, no previous civil action has been filed and no one has previously collected an 

award or settlement of a civil action for damages arising from her alleged vaccine-related 

injuries, and she suffered residual effects of her injury for more than six months. Petition 

at ¶¶ 2, 11, 49-106. The case was assigned to the Special Processing Unit of the Office 

of Special Masters.

1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required 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). 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, I agree that 

the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. 

§ 300aa (2012).
2

On February 15, 2022, 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 agrees that “petitioner has satisfied the criteria for SIRVA set 

forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which 

afford petitioner the presumption of causation, because petitioner had no history of pain, 

inflammation, or dysfunction in her left shoulder; her pain occurred within 48 hours of 

receipt of an intramuscular vaccination; her pain and reduced range of motion were 

limited to the shoulder in which the vaccine was administered; and no other condition or 

abnormality was identified to explain her symptoms.” Id. at 10. Respondent further agrees 

that the statutory six month sequela requirement has been satisfied. Id.

In view of Respondent’s position and the evidence of record, I find that 

Petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master