In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0405V
UNPUBLISHED
NEVA BERNIER, Chief Special Master Corcoran
Petitioner, Filed: September 13, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA)
Leah Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Althea Davis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT 1
On April 8, 2020, Neva Bernier 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 the experienced bilateral shoulder injury related to vaccine
administration (SIRVA) resulting from Tdap, pneumococcal, and meningococcal B
vaccinations received on March 26, 2019. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 13, 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, it is Respondent’s position that Petitioner has satisfied the
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Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required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).
criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to
Interpretation. Id. at 7. Respondent further agrees that Petitioner had no history of pain,
inflammation, or dysfunction in her shoulders; Petitioner’s pain and reduced range of
motion occurred within 48 hours of receipt of an intramuscular vaccinations; Petitioner’s
symptoms were limited to the shoulders in which the vaccines were administered; and no
other condition or abnormality was identified to explain her symptoms. 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
2