VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01011
Package ID: USCOURTS-cofc-1_18-vv-01011
Petitioner: Glender Downer
Filed: 2018-07-13
Decided: 2019-09-17
Vaccine: influenza
Vaccination date: 2017-09-14
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Glender Downer filed a petition on July 13, 2018, alleging that her influenza vaccination on September 14, 2017, caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records. The respondent conceded that the petitioner is entitled to compensation, finding that her injury is consistent with SIRVA as defined on the Vaccine Injury Table. Specifically, the respondent noted that the petitioner had no prior history of shoulder issues, the pain occurred within 48 hours after the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that the petitioner suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Glender Downer entitled to compensation. The case was proceeding to determine damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01011-0
Date issued/filed: 2019-09-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/12/2019) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-01011-UNJ Document 39 Filed 09/17/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1011V
Filed: June 12, 2019
UNPUBLISHED
GLENDER DOWNER,
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.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 13, 2018, 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 her September 14, 2017 influenza (“flu”) vaccination
caused her to suffer a Shoulder Injury Related to Vaccine Administration (“SIRVA”).
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On June 10, 2019, 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
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such material from
public access. Because this unpublished ruling contains a reasoned explanation for the action in this
case, undersigned is 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).
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.

Case 1:18-vv-01011-UNJ Document 39 Filed 09/17/19 Page 2 of 2
at 1. Specifically, respondent indicates that medical personnel at the Division of Injury
Compensation Programs, Department of Health and Human Services (“DICP”)
has reviewed the petition and medical records filed in this case, and has
concluded that compensation is appropriate. DICP has concluded that
petitioner’s alleged injury is consistent with SIRVA as defined on the
Vaccine Injury Table. Specifically, petitioner had no history of pain,
inflammation, or dysfunction of her left shoulder for over two years prior to
vaccination; pain occurred within 48 hours after receipt of an intramuscular
vaccination; pain was limited to the shoulder in which the vaccine was
administered; and no other condition or abnormality has been identified to
explain petitioner’s shoulder pain. 42 C.F.R. §§ 100.3(a), (c)(10).
Additionally,
Id. at 6. Respondent further agrees that
based on the medical records outlined above, petitioner suffered the
residual effects of her condition for more than six months. Therefore,
based on the record as it now stands, petitioner has satisfied all legal
prerequisites for compensation under the Act. See 42 U.S.C. § 300aa-
13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i).
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