In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-800V
UNPUBLISHED
SUSAN LARACY, Chief Special Master Corcoran
Petitioner, Filed: November 10, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT 1
On July 1, 2020, Susan Laracy 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 sustained a shoulder injury related to vaccine
administration (“SIRVA”) caused by an influenza vaccine administered on November 28,
2017. Petition at 1. Petitioner further alleges that the vaccine was administered in the
United States, that she suffered the residual effects of her injury for more than six months,
and that there has been no compensation in the form of a civil award or settlement for
Petitioner’s injuries. Petition at 2-3. 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Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required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).
On November 5, 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
and Proffer on Damages at 1. Specifically, Respondent has determined that Petitioner
has satisfied the criteria set forth in the Vaccine Injury Table and the Qualification and
Aids to Interpretation for a SIRVA. Id. at 6. Respondent further agrees that Petitioner has
satisfied all legal prerequisites for compensation under the Vaccine Act. 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