In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-362V

Filed: February 19, 2019

UNPUBLISHED

STEVEN FLETCHER,

 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)

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.

Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On March 8, 2018, 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 he suffered a Shoulder Injury Related to Vaccine 

Administration (“SIRVA”) as a result of his November 3, 2016 influenza (“flu”) 

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

Office of Special Masters.

 1 The undersigned intends to post this ruling on the United 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 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 Because this unpublished ruling contains a reasoned explanation for the action in this 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 February 15, 2019, 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 he

believes that petitioner’s medical course is consistent with a shoulder 

injury related to vaccine administration (“SIRVA”) as defined on the 

Vaccine Injury Table. Specifically, petitioner had no recent history of pain, 

inflammation, or dysfunction of his right shoulder, pain occurred within 48 

hours after receipt of an intramuscular vaccination, pain was limited to the 

shoulder where the vaccine was administered, and no other condition or 

abnormality, such as brachial neuritis, has been identified to explain 

petitioner’s shoulder pain. 42 C.F.R. §§ 100.3(a), (c)(10) (2017). 

Additionally, based on the medical records outlined above, petitioner 

suffered the residual effects of his condition for more than six months.

 Id. at 4. Respondent further agrees that “based on the record as it now stands, 

petitioner has satisfied all legal prerequisites for compensation under the Act. See 42 

U.S.C. §§ 300aa-11(c)(1)(D)(I), 300aa-13(a)(1)(B).” Id. at 5.

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