# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1090 V

Filed: June 13, 2019

UNPUBLISHED

YVONNE RICHERT,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

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

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY , for petitioner.

Sarah Christina Duncan , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey

, Chief Special Master:

On July 25, 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 she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 9, 2017 influenza ( “ flu ” ) vaccination

. Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On June 12, 2019

, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensa tion 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 invasio n 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 Because this unpublished ruling contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website in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 N ational Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755

.at 1. Specifically, respondent indicates tha t m edical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services (“DICP”) have

reviewed the petition and medical records filed in this case, and has concluded that compensation is appropriate in this case. 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 pai n, inflammation, or dysfunction of her left shoulder; 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 identi fied to explain petitioner’s shoulder pain. 42 C.F.R. §§ 100.3(a), (c)(10).

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. at 6

- 7.

In view of respondent’s position and the evidence of record, the undersigned find s that petitioner is entitle d to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey
Chief Special Master