1

In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 18-0392V 

 Filed: March 15, 2019 

UNPUBLISHED 

IRENE RUSSANO, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession; 

Table Injury; Influenza (Flu) Vaccine; 

Shoulder Injury Related to Vaccine 

Administration (SIRVA) 

   

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. 

Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent. 

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On March 14, 2018, Irene Russano (“petitioner”) 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 a shoulder injury 

related to vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) 

vaccine on November 17, 2015. Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters. 

                                                            

1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned 

agrees that the identified material fits within this definition, the undersigned will redact such material from 

public access. Because this unpublished ruling contains a reasoned explanation for the action in this 

case, undersigned is 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). 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012). 
2

On March 15, 2019, 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 states that “DICP has reviewed the facts of this case and 

concluded that petitioner’s claim meets the Table criteria for SIRVA. Specifically, 

petitioner had no 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 present that would explain petitioner’s symptoms. Therefore, petitioner is 

entitled to a presumption of vaccine causation.” Id. at 3-4. 

 Respondent further states “[w]ith respect to other statutory and jurisdictional 

issues, 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 her injury for more than six months 

after vaccine administration . . . . Thus, in light of the information contained in the 

record, respondent concedes that entitlement to compensation is appropriate under the 

terms of the Vaccine Act, and will focus resources on determining the amount of 

compensation to be provided to petitioner in accordance with the terms and conditions 

of the Vaccine Act.” Respondent’s Rule 4(c) Report at 4. 

 In view of respondent’s position and the evidence of record, the 

undersigned finds that petitioner is entitled to compensation. 

IT IS SO ORDERED. 

 s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master