VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01690
Package ID: USCOURTS-cofc-1_17-vv-01690
Petitioner: Robert Neal
Filed: 2017-11-03
Decided: 2018-10-17
Vaccine: influenza
Vaccination date: 2016-11-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Robert Neal filed a petition for compensation under the National Vaccine Injury Compensation Program on November 3, 2017, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a seasonal influenza vaccination on November 28, 2016. Mr. Neal claimed the injury met the criteria of a Table injury or was causally related to the vaccination. He further alleged that he received the vaccination in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation for his injuries. The case was assigned to the Special Processing Unit. On July 31, 2018, the respondent filed a Rule 4(c) report conceding that Mr. Neal is entitled to compensation. Specifically, the respondent concluded that Mr. Neal suffered a Table SIRVA and satisfied all legal prerequisites for compensation under the Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey found that Robert Neal is entitled to compensation, and the case proceeded to determine damages. The public decision does not describe the specific onset, symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Robert Neal alleged a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 28, 2016. The respondent conceded that the petitioner suffered a Table SIRVA and met all legal prerequisites for compensation. The Chief Special Master Nora Beth Dorsey issued a ruling on entitlement based on this concession. The specific mechanism of injury, expert testimony, or detailed medical evidence supporting the SIRVA diagnosis is not described in the public text. The outcome was compensated, with entitlement established by concession.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-01690-0
Date issued/filed: 2018-10-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/31/2018) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01690-UNJ Document 27 Filed 10/17/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1690V
Filed: July 31, 2018
UNPUBLISHED
ROBERT NEAL,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 3, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) which meets the criteria of a Table injury or, in the alternative,
was causally related to the seasonal influenza vaccination he received on November
28, 2016. Petition at ¶¶ 3-4, 14-15. Petitioner further alleges that he received the
vaccination in the United States, that he suffered the residual effects of his injuries for
more than six months, and that neither he nor any other party has filed a civil action or
received compensation for his injuries, alleged as vaccine caused. Id. at ¶¶ 3-4, 13, 17-
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.
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).

Case 1:17-vv-01690-UNJ Document 27 Filed 10/17/18 Page 2 of 2
18. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On July 31, 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 1.
Specifically, respondent “concluded that petitioner suffered a Table SIRVA.” Id. at 4.
Respondent further agrees “petitioner has satisfied all legal prerequisites for
compensation under the Act.” 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