# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 21

- 0071 V

UNPUBLISHED

ELSIE MCK AY

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 12, 2022

Special Processing Unit (SPU) ; Rul ing on Entitlement; Concession; Table Injury; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Meghan Murphy

, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT 1

On January 5, 2021

, Elsie McKay 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 s he suffered a right shoulder injury related to vaccine administration ( “ SIRVA ” ) resulting from a tetanus diphtheria and acellular pertussis ( “ Tdap ” ) vaccine rece ived on April 26, 2018 . Petition at 1

. Petitioner further alleges that the Tdap vaccine was received in the United States, her symptoms have

lasted for mor e than six months, and neither Petitioner nor any other party has filed an action or received compensation in the form of an award or settlement for Petitioner ’ s
vaccine

- re lated injury . Petition at ¶¶ 2, 21

- 23

. T he case was assigned to the Special Processing Unit of the Office of Special Masters.

1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 R uling 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 wil l 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 subpara graph of 42 U.S.C. § 300aa (2012 ).2

On August 12, 2022

, R espondent filed his Rule 4(c) report in which he concedes

that P etitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at

1. Specifically, R espondent agrees that “ petitioner ha d no history of pain or dysfuncti on in her right shoulder prior to the Tdap vaccine; pain occurred withi n 48 hours after receipt of an intramuscular vaccination; the pain and reduced range of m otio n were limited to the
shoulder in which the vaccine was administered; an d no other condition or abnormality would explain petitioner ’ s symptoms

. ” Id. at 10 . Respondent further agrees that “ given the medical records outlined [in the Rule 4 (c) Report]

, the statutory six month sequelae requirement has been satisfied . . . . [and] petitioner has satisfied all legal pre requ isites for compensation under the Act

. ” Id.

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

P etitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master