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Unpublished 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 & Chin-Caplan, P.C., Boston, MA, for petitioner. 

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

RULING ON ENTITLEMENT1

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 she 

suffered a shoulder injury related to vaccine administration (“SIRVA”) after receiving the 

influenza vaccine on November 11, 2014. Petition at 1, ¶ 2. Petitioner further alleges 

that she 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 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 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 amended 

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