In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-0283V 

Filed: October 27, 2017 

UNPUBLISHED 

MARLA KRAMER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Causation-In-Fact; Influenza (Flu) 

Vaccine; Hepatitis A (Hep A) 

Vaccine; Shoulder Injury Related to 

Vaccine Administration (SIRVA)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. 

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for 

respondent. 

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On February 28, 2017, 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 right shoulder injuries and neuralgia 

of the right upper extremity caused by the influenza (“flu”) and Hepatitis A (“Hep A”) 

vaccinations she received on February 2, 2016. Petition at 1, ¶¶ 2, 14. Petitioner 

further alleges that she received the vaccinations in the United States, suffered the 

residual effects of her injuries for more than six months, and neither she nor any other 

party has filed any action or received any compensation for petitioner’s injuries alleged 

 

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 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 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. 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 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).
as vaccine caused. Id. at ¶¶ 14-16. The case was assigned to the Special Processing 

Unit of the Office of Special Masters. 

On October 27, 2017, respondent filed his Rule 4(c) report in which he concedes 

that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report

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

a shoulder injury related to vaccine administration (“SIRVA”) and that it was caused-infact by the Hepatitis A vaccine she received on February 2, 2016.” Id. at 6. 

Respondent further agrees that “based on the record as it now stands, petitioner has 

satisfied all legal prerequisites for compensation under the Act.” Id.

In view of respondent’s position 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