In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1057V

UNPUBLISHED

TRACY DAWN MCKAY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 10, 2022

Special Processing Unit (SPU); 

Ruling 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 

Petitioner.

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

RULING ON ENTITLEMENT1

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 

vaccine administration (“SIRVA”) as a result of an influenza vaccine received on October 

12, 2018. Petition at 1. Petitioner further alleges that the vaccine was administered in the 

United States, she suffered residual symptoms in excess of six months, and she has not 

received compensation in the form of an award or settlement or filed a civil action for her 

vaccine-related injuries. Petition at ¶¶ 3, 14, 16. 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1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required 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 January 7, 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 had no apparent history of pain, 

inflammation, or dysfunction of the affected shoulder prior to intramuscular vaccine 

administration that would explain the alleged signs, symptoms, examination findings, 

and/or diagnostic studies occurring after vaccine injection; she suffered the onset of pain 

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

were limited to the shoulder in which the intramuscular vaccine was administered; and 

there is no other condition or abnormality that would explain petitioner’s symptoms.” Id.

at 5. Respondent further agrees that “the records show that the case was timely filed, that 

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 injury for 

more than six months after vaccine administration.” Id. at 5-6. Respondent adds that

Petitioner avers she has not filed a civil action or received compensation for her injury, 

and is entitled to compensation. Id. at 6. 

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