# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 927 V

UNPUBLISHED

TAMMIE WALDEN

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 16, 2020

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

Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC , for petitioner.

Jeremy C. Fugate , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On June 25, 2019

, Tammie Walden 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 as a result of her

influenza (“flu”) vaccination on October 23, 2018 . Petit ion at 1

- 6 . 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 Management 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 disc losure 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 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 subpara graph of 42 U.S.C. § 300aa (2012 ).2 On November 2, 2020

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

that P etitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report at 1. Specifically, R espondent indicates that

[m] edical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services (“DICP”), have re viewed the
Petition and medical records filed in the case. Based on that review, DICP has concluded that petitioner suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table. Specifically, petitioner had no recent history of pain, inflam mation, or dysfunction of her left shoulder; the onset of pain occurred within 48 hours after receipt of an intramuscular vaccination; the pain was limited to the shoulder where the vaccine was administered; and, no other condition or abnormality, such as brachial

neuriti s, has been identified to explain petitioner’s left shoulder symptoms. 42 C.F.R. §§ 100.3(a), (c)(10).

Id. at 4

- 5 . Respondent further indicates that “ DICP did not identify any other causes for petitioner’s SIRVA, and based on the medical records outlined above, petitioner met the statutory requirements by suffering the condition for more than six months. ” Id. at 5 (citing 42 U.S.C. § 300aa

- 13(a)(1)(B); 42 U.S.C. § 300aa

- 11(c)(1)(D)(I) )

.

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

P etitioner is entitle d to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran

Chief Special Master