# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 2 1

- 0179 V

UNPUBLISHED

DONALD BUFORD

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 30, 2022

Special Processing Unit (SPU) ; Rul ing on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Jerome A. Konkel, Samster, Konkel & Safran, S.C., Wauwatosa , WI , for Petitioner.

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

RULING ON ENTITLEMENT 1

On January 7, 2021

, Donald Bu ford 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 an influenza ( “ flu ” ) vacci ne received on November
5, 2018 . Petition at 1

. Petitioner further alleges that the vaccine was administered in the United States, he experienced symptoms for more than six months after the date of
vaccination, and he has no t filed a civil action prior to this petition or receiv ed compensation in the form of an awar d or settlement for his vaccine

- re lated injuries

. Petition at ¶¶ 2, 12

- 13

. 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1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 June 29, 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 h istory of pain, inflammation, or dysfunction of his left shoulder that wou ld explain his symptoms after vaccination; pain occurred within forty

- eight ho urs after rece ipt of an intramuscular vaccination; pa in was
limited to the shoulder in which the vaccine was administered; an d no other condition o r abnormality has been identified to explain petitioner ’ s shoulder pain

. ” Id. at 3

- 4

. Respondent further agrees that the records show that Petitioner timely filed his claim, he

received the flu vaccin e in the United States, and that he satisfies the statu tory severity requirement by suffer ing res idual effects or complications of his injury for more than six

mo nth s after vaccine administration

. Id . at 4.

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