# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1504 V

Filed: August 22, 2019

UNPUBLISHED

PATTIE PATRIQUIN

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Special Processing Unit (SPU) ;
Rul ing on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for

petitioner.

Julia Marter Collison , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey

, Chief Special Master:

On September 28, 2018

, 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”). Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) resulting from the adverse effects of an influenza (“flu”) vaccination she received on December 20, 2017 . Petition at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned
agrees that the iden tified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished ruling contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website in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).

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 10 0 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 August 21, 2019

, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compensa tion in this case. 3 Respondent’s Rule 4(c) Report

at 1. Specifically, respondent concludes that petitioner ’s alleged injury is consistent with

SIRVA and was caused

- in

- fact by the administration of a flu vaccine on December 20,

2017

. Id. at 4 . Respondent further agrees that t here were no other causes identified for petitioner’s SIRVA an d the r ecords indicate that petitioner has suffered the sequela of her injury for more than six months

. Id.

In view of respondent’s position and the evidence of record, the undersigned find s that petitioner is entitle d to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey
Chief Special Master

3 The OSM staff attorney managing this case e

- mailed respondent’s counsel on August 22 , 2019 to
inquire whether this case was being conceded as a Table or Non

- Table case. In a reply e

- mail dated
August 22 , 2019, respondent’s counsel confirmed that this case was being conceded as a Table case.