In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1249V
Filed: July 27, 2018
UNPUBLISHED
CORRENE JOHNSON,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Causation-In-Fact; Influenza (Flu)
SECRETARY OF HEALTH AND Vaccine; Shoulder Injury Related to
HUMAN SERVICES, Vaccine Administration (SIRVA)
Respondent.
Ann Mayhew Golski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Sherry Denise Soanes, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 13, 2017, 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 a shoulder injury related to vaccine
administration (“SIRVA”) causally related to the influenza vaccination she received on
December 1, 2016. Petition at ¶¶ 1, 7. Petitioner further alleges that she received the
vaccination in the United States, suffered the residual effects of her injury for more than
six month, and that neither she nor any other party has filed a civil action or received an
award for her injury, alleged as vaccine caused. Id. at ¶¶ 2, 8, 11-12. 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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.
2National 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).
On July 27, 2018, 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 7.
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 she received on
December 1, 2016.” Id. Respondent further agrees that “Petitioner has met the
statutory requirements entitlement to compensation.” Id.
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