# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1057 V

UNPUBLISHED

TRACY DA WN MCKAY

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 10, 2022

Special Processing Unit (SPU) ; Rul ing on Entitlement; Concession; 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

P etitioner.

Emilie Williams , U.S. Department of Justice, Washington, DC, for R espondent.

RULING ON ENTITLEMENT 1

On August 21, 2020

, Tracy Dawn 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 she suffered from left shoulder injuries related to

vaccin e administration ( “ SIRVA ” ) a s a result of an infl uenza vaccine received on October
12, 2018 . Petition at 1

. Petitioner further alleges that the vaccine was administered in the

Unite d States, she suffered residual symptoms in excess of six month s, and she ha s not received compensation in the form of an award or settlement or file d a civil action for her

vac cine

- rel ated inj uries . Petition at ¶¶ 3 , 14, 16

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1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

On January 7, 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 had no apparent history of pain, inflammation, or dysfunction of the a ffected shoulder prior to intramus cular vaccine administration that would explain the alleged signs, sym ptoms, examination find ings,

and /or diagnostic studies occurr ing after vaccine injection; she s uffered the onset of pain

within fort y

- eight hours of vaccine administration; her pain and reduced range of motion

were limited to the shoulder in which t he i ntramuscular vaccine was administered; and

there is no other condition or a bno rmality that would explain petitioner ’ s symptoms

. ” Id.

at 5 . Respondent further agrees that “ the records show that the case was timel y filed, th at the vaccine was received in the United States, and that petitioner satisfies the statutory severity requirement by suffering the residual effects or complications of the inj ury for

more than six month s after vaccine administration

. ” Id . at 5

- 6. Respondent adds that

Petitioner avers she h as not filed a civil action or received compensation for her inj ury, and is entitled to compensation. Id . at 6.

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