In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1906V

Filed: April 19, 2019

UNPUBLISHED

JEANNE RAFFERTY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Ruling on Entitlement; 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.

Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On December 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 a Shoulder Injury Related to 

Vaccine Administration (“SIRVA”) caused in fact by the influenza vaccination she 

received on October 17, 2016. Petition at 1, ¶¶ 1, 4 (ECF No. 1). The case was 

assigned to the Special Processing Unit of the Office of Special Masters. 

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

This means the decision 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, the 

undersigned agrees that the identified material fits within this definition, the undersigned will redact such 

material from public access. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is 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).

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).
On October 11, 2018, the undersigned issued a combined order and factual 

ruling, denying respondent’s motion to dismiss and making factual findings regarding 

the site of vaccination and onset of petitioner’s pain. (ECF No. 15). Specifically, the 

undersigned found there was preponderant evidence to establish petitioner received the 

influenza vaccination alleged as causal in her right injured arm and that the onset of her 

pain occurred within 48 hours of vaccination. Id. at 10-13. She instructed the parties to 

engage in settlement discussions and ordered petitioner to submit a demand to 

respondent. Id. at 13-14. 

After settlement discussions, interrupted by the unavailability of respondent’s 

counsel during the partial government shutdown from late December 2018 through late 

January 2019,

3

respondent filed a status report indicating he expected to respond to 

petitioner’s demand by April 8, 2019 and requesting to file a Rule 4 report by April 17, 

2019. (ECF No. 21). 

Respondent has filed his Rule 4 report indicating that he has concluded that 

petitioner suffered a Table SIRVA “[b]ased on the medical record evidence submitted in 

this case, and the Chief Special Master’s findings that petitioner received a flu 

vaccination in her right arm and that the onset of her shoulder pain occurred with 48 

hours of vaccination.” Rule 4 Report, filed Apr. 17, 2019, at 4 (ECF No. 23). However, 

respondent stresses that he is not waiving his right to appeal the factual findings made 

by the undersigned. Id. at 4, 4 n.2. Respondent concedes that “based on the record as 

it now stands and subject to his right to appeal the Fact Ruling, respondent does not 

dispute that petitioner has satisfied all legal prerequisites for compensation under the 

Act.” Id. at 4. 

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

 

3 See General Orders, filed on Dec. 26, 2018 and Jan. 29, 2019, which can be found on the court’s 

website.