# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1245 V

UNPUBLISHED

JENNIFER RILEY

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 10, 2021

Special Processing Unit (SPU) ;
Rul ing on Entitlement; Concession;

Causation

- In

- Fact; Influenza (Flu)

Vaccine; Axillary Nerve Injury

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA , for petitioner.

Colleen Clemons Hartley , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On August 21, 20 19 , Jennifer Riley 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 v accin e administration (SIRVA) as a result of receiving the influenza (flu) vaccination on October
11, 2017 . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On June 2, 2021

, R espondent filed his Rule 4(c) report in which he concedes that

P etitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report at 1.

R espondent concluded that Petitioner ’ s left axillary n erve injury was caused

- in

- fact by the

flu vaccine she re ceived on October 11, 201 7

. Id. at 4

. Spe cifically, Respondent “ did not

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

identify any other causes for [P] etitioner’s left axillary nerve injury ” an d “ records show that she suffered the sequela of her injury for more than six months after vaccination. ” Id . at

4

- 5. Res pondent note d tha t he does not believe “ [P]et i tioner ’ s presentation meets the

definition of SIRVA as outlined by the Vaccine Injury Table because another condition or

ab normality is present that would explai n the pat i ent ’ s symptoms

– nam ely, the left axillary nerve injury, and de fends the same. ” Id

. at 4

, n. 1 citing 42 C.F.R. § 100.3(a)

. Respondent

a lso noted that his concession does not inclu de any symptoms ultimately found to be associated with a cervical cord condition or any condition other than a left axillary nerve injury. ” Id

. at 5.

In view of R espondent’s position and the evidence of record, I find that

P etitioner is entitle d to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran
Chief Special Master