# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0713 V

UNPUBLISHED

RICHAR D P. BURES

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 15, 2021

Special Processing Unit (SPU) ; Rul ing 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

P etitioner.

Adriana Ruth Teitel

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

RULING ON ENTITLEMENT 1

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 admin istered on October 9, 2018

. Petition at 1

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

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

compensa tion or filed a civil action for vaccine

- related injuries prior to filing his petition

. Petition at ¶¶ 2, 15

- 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1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 December 15, 2021

, 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 “ petitio ner had no pre

- vaccination history of pain, inflammation, or dys function of his left shoulder ; pain o ccurred w ithin 48

hours a fter receipt of an intramuscular vaccination; pain and re duced range of motion

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

, no other

condition or a bnormality, such as brach ial neuritis, has been i dentified to explain

p etitioner ’ s shoulder pain

. ” Id. at 6 . Respondent further agrees based on the me dical

re cor d s that Petitioner suffered the residu al effects of his condition for more than six

months and has satisfied all le gal prerequisit es 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