# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17-2002V
Filed: November 14, 2018

UNPUBLISHED

RAMONA DICOMO,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

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

Carol L. Gallagher, Lindwood, NJ, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washingt on, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey , Chief Special Master:

On December 21, 2017, Ramona Dicomo (“petitioner”) filed a petition for compensation under the National Vaccine Inju ry Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she suffered a left shoulder injury that was caused by an influenza (“flu”) vaccine she received on December 22, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

1 The undersigned intends to post this ruling on the Un ited States Court of Federal Claims' website. 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 mo ve 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 def inition, the undersigned will redact such material from public access. Because this unpublished ruling contai ns a reasoned explanation for the action in this case, undersigned is required to post it on the Unit ed States Court of Federal Claims' website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).

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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).On November 14, 2018, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compen sation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent states t hat petitioner’s claim meets the Table criteria for SIRVA. “Specif ically, petitioner had no histor y of pain, inflammation or dysfunction of the affected s houlder prior to intramuscula r vaccine administration that would explain the alleged si gns, symptoms, examination findings, and/or diagnostic studies occurring after vaccine injection; she su ffered the onset of pai n within forty-eight hours of vaccine administration; her pain an d reduced range of motion were limited to

the shoulder in which the intramuscular va ccine was administered; and there is no other condition or abnormality present that would explain petitioner’s sym ptoms. Therefore, petitioner is entitled to a pres umption of vaccine causation.” Id. at 3. Respondent further agrees that “the records show that th e case was timely filed, that the vaccine
was received in the United Stat es, and that petitioner satisf ies the statutory severity requirement by suffering the residual effects or complications of her injury for more than
six months after vaccine administration.” Id.

In view of respondent’s positio n 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