# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 0324 V
UNPUBLISHED

STEVEN VINUEZA

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: April 16, 2020

Special Processing Unit (SPU) ; Rul ing on Entitlement; Concession;
Causation

- In

- Fact; Influenza (Flu) Vaccine; Subcutaneous Abscess; Scarring

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA , for petitioner.

Sarah Christina Duncan , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On February 28, 2019

, Steven Vinueza 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 he “ developed a subcutaneous abscess that resulted in scarring ” after receiving the influenza vaccine on November 21, 2017

. Petit ion at 1, at ¶¶ 3, 20

. Petitioner descri bes his injury a s a shoulder injury related to vaccine administration ( “ SIRVA ” ). Id. Petition e r further alleges that he received the vaccination in the United States, suffered the residual effects of his injury for more than six months, and that neither he nor an y o ther individual has filed a civil action or received compensation for his injury, alleged as vaccine caused. Id. at ¶¶ 3, 20

- 21, 23. 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 Managemen t and Promotion of Electronic Government Services). 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, I agree that the identified material fits within this definition, I will redact such material from public access.

2 National Childhood Vaccine Injury Act of 19 86, Pub. L. No. 99

- 660, 100 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 ). CORRECTED2

On April 15, 2020

, R espondent filed his Rule 4(c) report in which he conc edes that P etitioner is entitled to compensa tion in this case for his sub cutaneous abscess but

“ denies that [ P]etitioner suffered a SIRVA. ” Respondent’s Rule 4(c) Report at 1. Specifically, R espondent “ concluded that petitioner developed an abscess and residual scar on his righ t upper extremity, which was more likely than not caused by administration of a flu vaccine at the same location

. ” Id. at 5 . Respondent further agrees that “ has satisfied all legal prerequisites for compensation under the Act

. ” Id. at 6.

In view of R espondent’s position and the evidence of record, I find that
P etitioner is entitle d to compensation for his subcutaneous abscess and scarring

.

IT IS SO ORDERED.

s/ Brian H. Corcoran
Brian H. Corcoran Chief Special Master