In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0713V

UNPUBLISHED

RICHARD P. BURES,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: December 15, 2021

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for 

Petitioner.

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT1

On June 12, 2020, Richard P. Bures 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 as a result of an influenza vaccine administered on October 9, 2018. 

Petition at 1. Petitioner further alleges the vaccine was administered in the United States,

he suffered sequelae of his injury for more than six months, and he has not received 

compensation or filed a civil action for vaccine-related injuries prior to filing his petition. 

Petition at ¶¶ 2, 15-16. 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1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required 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 December 15, 2021, 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 pre-vaccination 

history of pain, inflammation, or dysfunction of his left shoulder; pain occurred within 48 

hours after receipt of an intramuscular vaccination; pain and reduced range of motion 

were limited to the shoulder in which the vaccine was administered; and, no other 

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

petitioner’s shoulder pain.” Id. at 6. Respondent further agrees based on the medical 

records that Petitioner suffered the residual effects of his condition for more than six 

months and has satisfied all legal prerequisites for compensation under the Act. Id.

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