# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16 -279V Filed: July 29, 2016 Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * * PATRICIA VILLANO, *

*

v. * Petitioner, * Ruling on Entitlement; Concession; * Influenza ( “ Flu ” ) Vaccination; * Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Homer, Conway, Homer & Ch in -Caplan, P.C., Boston, MA, for petitioner. Ryan Pyles

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

RULING ON ENTITLEMENT 1

Dorsey

, Chief Special Master:

On February 29, 2016

, Patricia Villano (“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”) . Petitioner alleges that s he
suffered a shoulder injury related to vaccine administration (“SIRVA”) a fter receiving the influenza vaccine on November 11, 2014. Petition at 1, ¶ 2. Petitioner further alleges

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

injury for more than six months, and that no lawsuit has been filed or settlement accepted by herself or anyone else for her injuries. Id. at ¶¶ 19

- 21 . 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, 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 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 subparagraph of 42 U.S.C. § 300aa (2012).2

On July 29, 2016

, respondent filed her Rule 4(c) report in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report

at 1. 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 November 11, 2014; and that no other causes for petitioner’s SIRVA were identified. ” Id. at 2 (citation omitted). Respondent further indicates that “ based on the current record, petitioner has satisfied all legal prerequisites for compensation under the Act. ” Id. at 3.

In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master