# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1710 V

UNPUBLISHED

NANCY DUBROW

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: May 18, 2022

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

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

Amanda Pasciuto , U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT 1

On November 30, 202 0

, Nany Dubrow 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 sh oulder injury related to vaccine

administ ration (SIRVA) after receiving an influenza (flu) vaccination on September 29,

2019 . Petition at 1

. Petitioner further alleges that the vaccination was admin istered wit hin the United States, her injuries have lasted more than six months

, and she has never filed

a civil action for her vaccin ation

- related inj uries . Petition at 1, 5

. T he case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 25, 2022

, 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.

1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 fits within this definition, I wil l 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 section references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

Respondent found that Petitioner “ has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for SIRVA. ” Id . at

6. Specifically

, R espondent determi ned t hat “ [P] etitioner had no history of pain, inflammation, or dysfunction in her left shoulder; her pain and reduced range of motion occurred within forty

- eight hours of receipt of an intramuscular vaccination; her symptoms
were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality was identified to explain her initial symptoms

. ” Id. Respondent further agrees that t he scope of damages to be awarded is limited to petitioner’s SIRVA and its related sequelae only

. Id. at 7.

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