# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1550 V

UNPUBLISHED

H.F.

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 26, 2021

Special Processing Unit (SPU) ;

Rul ing on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Administration (SIRVA)

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA , for P etitioner.

Mollie Danielle Gorney , U.S. Department of Justice, Washington, DC, for R espondent.

RULING ON ENTITLEMENT 1

On October 4, 2019

, H.F. 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 suffered a shoulder injury related to vaccine administration ( “ SIRVA ” ), which meets the Table definition for SIRVA, or, in the alternative, was caused by the influenza vaccine he received on October 13, 2016 . Petition at 1, ¶¶ 1

- 3

. Petitioner further alleges that he received the vaccine in the United States a nd that neither he nor

any other party has filed a civil action or receive d compensation for his SIRVA. 3 Petition

1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 Management and Promotion of Electronic Government
Services). This means the R uling 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 f its within this definition, I 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 pert inent subpara graph of 42 U.S.C. § 300aa
(2012 ).

3 P etition e r did not address the Vaccine Act ’s six

- month severity requirements , but indicated , in the Petition

, that additional documents and affidavits would be fi led. Petition at ¶ 7. A cursory Petition was filed in this

case shortly before the expiration of the Vaccine Act ’s statute of limitations. See Section 1 6( a)(2).2

at ¶¶ 5

- 6. The case was assigned to the S pecial Processing Unit of the Office of Special

Masters.

On August 26, 2021

, R espondent filed his Rule 4(c) report in which he concedes

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

1. Specifically, R espondent indicates that he believes “ [P]etitioner has satisfied the criteria set forth in the revised Vaccine Injury Table and the Qu alifications and Aids to

Int erpretati on

. ” Id. at 9 . Respondent further agrees that “ based on the case record as it

now stands , [P]etitioner has satisfied all legal prerequisites for compensation under the

Act

. ” Id. at 10.

In view of R espondent’s position and the evidence of record, I find that

P etitioner is entitled to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran

Chief Special Master