# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1749 V

UNPUBLISHED

PAMELA CASWELL

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: March 21, 2022

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

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Lynn Christina Schlie , U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT 1

On December 3, 202 0

, Pamela Caswell 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 Table injury

– Shoulder Injury

Relat ed to Vaccine Administration (“SIRVA”)

– as a result of her Febr uary 3 , 20 20

influneza ( “ flu ” ) v accine. Petition at 1

. Petitioner further alleges that she suffered the residual effects of her injury for more than six months, an d that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Petition at ¶¶

7

- 9

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

Masters.

1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 On March 15 , 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. Specifically, Respondent indicates that he has

has concluded that [P] etitioner’s alleged injury is consistent with SIRVA, as defined on the Vaccine Injury Table. Specifically, [P] etitioner had no h istory of pain, inflammation or dysfunction in her left shoulder; her pain and reduced range of motion occurred within 48 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 symptoms.

Id. at 4 (citing 42 C.F.R. § 100.3(a), (c)(10) )

. Respondent further agrees that “ [P] etitioner has satisfied the statutory requirement that [P] etitioner’s injury lasted for at least six months as required by 42 U.S.C. § 300aa

- 11(c)(1)(D)(i). Therefore, [Respondent

indicate s ] based on the record as it now stands, [P] etitioner has satisfied all legal prerequisites fo r compensation under the Act. ” Id.

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