JENNIFER A. CLASEN

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 23, 2022

Special Processing Unit (SPU) ; Rul ing on Entitlement; Concession; Table Injury; Influenza (F lu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI , for Petitioner.

Jennifer A. Shah , U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT 1

On December 21, 2020

, Jennifer A. Clasen 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 that she suffered a shoulder injury related to
vaccine administration ( “ SIRVA ” ) as a result o f an influenza vaccine received on or about
October 1 7, 2018 . Petition at 1

. Petitioner further alleges that the vaccine was administered in the United States, she has suffered residual effects for more than six months, and she has never received compensati on in th e for m of an award or settlement,
or filed a civil action

, for her vaccine

- related injuries . Petition at ¶¶ 2, 21, 24

. T he case

was assigned to the Special Processing Unit of the Office of Special Masters.

1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 R uling 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 wil l 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 subpara graph of 42 U.S.C. § 300aa (2012 ). 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No

. 20

- 1929 V
UNPUBLISHED2

IT IS SO ORDERED.

s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master On June 23, 2022

, Respondent filed his Rule 4(c) report in which he concedes that
P etitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent agrees that “ petitioner has satisfied the criteria set forth in the
Table and the Qualifications and Aids to Interpretation ( “ QAI ” ) for left-shoulder SIRVA, ” including the onset of pain within 48 hours and all other QAI requirements. Id. at 9- 10

. Respondent notes that a provider suggested that Petitioner may have had brachial plexopathy, but that there were no findings on ne ur ological exam to support this diagnosis, and Petitioner ’ s EMG was normal. Id

. at 10. Respondent further agrees that
the case was timely filed, the vaccine was received in the United States, and that
Petitioner satisfies the statutory severity requirement because the residual effects o r complications of her injury continued for more than six months. Id

. Respondent adds that Petitioner avers that no civil action or proceedings have been pursued in connection with her vaccine-related injury. Id

.

In view of R espondent’ s position and th e eviden ce of record, I find that
Petitioner is entitled to compensation.