# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1345 V

Filed: November 21, 2016

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

JOAN WITKOWSKI

, *

*

Petitioner, * Ruling on Entitlement; Concession;

* Influenza (“Flu”) Vaccination

v. * Shoulder Injury Related to Vaccine

* Administration (“SIRVA”);

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Franklin John Caldwell, Jr.

, Maglio

, Christop her & Toale , Sarasota, FL , for petitioner.

Ryan Daniel Pyles

, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey

, Chief Special Master:

On November 9, 2015

, Joan Witkowski (“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” or “Program”)

. Peti tioner alleges that s he

suffered right sided bursitis and a focal, partial thickness tear in the posterior

supraspinatus tendon at the distal bursal surface caused by the influenza vaccination

she received o n October 23, 2014

. Petit ion at ¶¶ 1

, 5

- 6

. P etitioner further alleges that

s he received the vaccination in the United States, has suffered the residual effects of

her injury f or more than six months

, and neither she nor any other party has brought an

action for her vaccine related injuries. Id. at ¶ ¶ 1, 7, 10

- 11

. The case was assigned to

the Special Processing Unit of the Office of Special Masters.

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the

undersigned intends to post it on the United States Court of Federal Claims' websit e, in accordance with

the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amende d

at 44 U.S.C. § 3501 note (2012 )). 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 acc ess.

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 subparagraph of 42 U.S.C. §

300aa (2012).2

On November 21, 2016

, respondent filed her Rule 4(c) r eport in which she

concedes that petitioner is entitled to compensa tion in this case. 3 Specifically,

respondent “ has concluded that petitioner’s alleged injury is consistent with SIRVA; that

a preponderance of evidence establishes that her SIRVA was caused

- in

- fact by the flu

vaccination she received on October 22, 2014; and that no other causes for petitioner’s

SIRVA were identified.” Id. at 2

- 3 (citation omitted)

. Furthermore, respondent belie ves

that “ petitioner has satisfied all legal prerequisites fo r compensation under the Act. ” Id.

at 3.

In view of respondent’s concession and the evidence before me, I find that

petitioner is entitle d to compensation

.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3 Respondent’s Rule 4(c) Report at 1. Respondent notes the vaccination records show petitioner

received her influenza vaccine on October 22, 2014 rath e r than October 23, 2014 as alleged. See id. at 1

n.1