SANDRA JEAN RIFFELMACHER

, Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 20, 2022
Special Processing Unit (SPU) ; Rul ing on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Jamica Marie Littles , U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT 1

On December 28, 2020
, Sandra Jean Riffelmacher 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 left shoulder injury related to vaccine administration ( “ S IRVA ” ) as a result of a n influenza ( “ flu ” ) vaccine received on October 11, 2019 . Petition at 1

. Petitioner further alleges that the vaccine was received in the United States, he r injuries and sequelae lasted more than six months, and neith er Petitioner nor any other party has ever fi led an action or received compensation in the form of an award or settlement for Petitioner ’ s vaccine

- related injuries . Petition at ¶¶ 2, 11

- 13

. 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1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 Unite d States Cour t o f Federal Claims

OFFIC E OF SPECIAL MASTERS

No. 20 -1980V UNPUBLISHED2

On September 19, 2022

, R espondent 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, R espondent agrees that :
[P ] etitioner ha d no history of left shoulde r pain, inflammation, or dysfunction prior to her October 2019 flu vaccination that would explain the alleged symptoms and examination findings occur ring after her vaccine inje ction

. In addition, petitioner more likely than not suffere d the onset of her left shou lder pain w ithin forty

- eight hours of her flu vaccin e administration; and her left shoulder pain and reduced range of motion were limited to the shoulder in which the vaccine was adm inistered. There is no other condition or abnormality that would explain petitioner ’ s symptoms. Th erefore, petitioner is entitled to a presumpt ion of vaccin e causation.

Respond ent ’ s Rule 4 (c) Report at 7

- 8 (citation omitted )

. Respondent further agrees that the “ records also show that this case was timely filed, that petitioner rec eived her October 2019 flu vaccination in the Un ited States, and that petitioner satisfie s the statutory severity requirement by suffering th e residual effects
o r complications of her left shoulder injury for more than six month s after vaccine administration

. . . [and] entitle ment to compe nsation is appropr ia te under the t erms of the Vaccine Act

. ” Respond ent ’ s Rule 4 (c) Report at 8 (citation omitted).

In view of R espondent’s position and the evidence of record, I find that P etitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran Brian H. Corcoran Chief Special Master