# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 975 V

UNPUBLISHED

JENNIFER PANATTONI

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 14, 2020

Special Processing Unit (SPU) ;

Rul ing on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Administration (SIRVA)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA , for petitioner.

Lynn Christina Schlie , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On July 6, 20 19

, Jenn ifer Panattoni 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 of her N o vember 7, 20 17 i nfluenza ( “ flu ” )

vaccination . Petit ion at 1 . 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required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 On December 10, 2020

, 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 , 4 . Specifically, R espondent indicates that

[m] edical personnel at the Division of Injury Compensation Programs, Department o f Health and Human Services (“DICP”) have reviewed the petition and medical records filed in this case. It is respondent’s position that petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids t o Interpretation (“QAI”). That is, petitioner had no relevant history of pain, inflammation, or dysfunction in her left shoulder; her pain and reduced range of motion occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms were li mited
to the shoulder in which the vaccine was administered; and no other condition or abnormality was identified to explain her symptoms.

Id. at 4 ( citing 42 C.F.R. § 100.3(a), (c)(10) )

.

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