In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-506V

Filed: November 7, 2016

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

TERRY BARTEE, *

*

Petitioner, *

* Ruling on Entitlement; Concession;

v. * Influenza Vaccination;

* Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration (“SIRVA”);

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Jeffrey Pop, Attorney at Law, Beverly Hills, CA, for petitioner.

Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On April 25, 2016, Terry Bartee (“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” or “Program”). Petitioner alleges that he suffered injuries to his 

left shoulder after receiving the influenza (“flu”) vaccine on December 11, 2014. Petition 

at 1. Petitioner further alleges that he received the vaccine in the Untied State, that he 

has suffered the residual effects of his injury for more than six months, and that neither 

he nor any other party has received compensation for his injury alleged as vaccine 

caused. Id. at ¶¶ 5, 16, 18-19. 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended 

at 44 U.S.C. § 3501 note (2012)). 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.

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 November 7, 2016, respondent filed her Rule 4(c) report in which she 

concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 

4(c) Report at 1. Specifically, respondent “has determined that petitioner’s left shoulder 

injury is consistent with SIRVA, and that it was caused in fact by the flu vaccine he 

received on December 11, 2014.” Id. at 3. Respondent further indicates “did not

identify any other causes for petitioner’s SIRVA, and records show that he suffered the 

sequela of his injury for more than six months.” Id. Thus, petitioner “has met the 

statutory requirements for entitlement to compensation.” Id. (citations omitted).

In view of respondent’s concession and the evidence before me, I find that 

petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master