# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-322V Filed: July 21, 2017

UNPUBLISHED

DIANE CHANDLER,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Ruling on Entitlement; Concession; Causation-In-Fact; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Ronald Craig Homer, C onway, Homer, P.C., Bost on, MA, for petitioner.
Robert Paul Coleman, III, U. S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey , Chief Special Master:

On March 14, 2016, petit ioner filed a petition fo r compensation under the National Vaccine Injury Compensat ion 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 September 24, 2014 influenza (“flu”)

vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On July 20, 2017, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to com pensation in this case. Respondent’s Rule 4(c) Report at 1.

1 Because this unpublished ruling contains a reaso ned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he 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).Specifically, respondent indicates that

DICP opines that petitioner’s alleged in jury is consistent with a shoulder injury related to vaccine administrat ion (“SIRVA”). DICP further agrees that petitioner’s SIRVA was caused-in-fact by the influenza vaccination administered in her right arm on Sept ember 24, 2014. No other causes for petitioner’s SIRVA were identified. See 42 U.S.C. § 300aa-13(a)(1)(B). In addition, given the medical records out lined above, the stat utory six month sequela requirement has been satisfied. See id . at § 300aa-11(c)(1)(D)(i). The Petition states that petitioner has never received any compensation in

the form of an award or settlement in connection with the vaccine-related injury. See 42 U.S.C. §§ 300aa-11(a)(5) and 300aa-11(c)(1)(E). Therefore, based on the cu rrent record, petitioner has satisfied all legal prerequisites for compensation under the Act.

Id. at 4.

In view of respondent’s positio n and the evidence of record, the undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master