# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1502 V

Filed: March 1 6, 2016

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

DORIS LEVITZKI

, *

*

Petitioner, * Ruling on Entitlement; Concession;

* Influenza Vaccination ;

* Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration (“SIRVA”);

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Danielle A. Strait

, Maglio Christopher and Toale, PA (DC) , for petitioner.

Debra A. Begley , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey

, Chief Special Master:

On December 11, 2015

, Doris Levitzki (“petitioner”) filed a petition for

compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.

§300aa

- 10, et seq.

, 2 [ the “Vaccine Act” or “Program”]. Peti tioner alleges that s he

suffered left shoulder pain “ causally related to an adverse reaction ” after receiving an

influenza vacci nation on September 17, 2015

. Petit ion at ¶¶ 3

- 4, 10

. P etitioner further

alleges that s he has suffered the residual effects of her injury f or more than six months

, and neither s he nor anyone else has received compensation or has filed a civil action

for his injury alleged as vaccine caused

. Id. at ¶¶ 11, 13

- 14

. The case was assigned to

the Special Processing Unit of the Office of Special Masters.

On March 15, 2016

, respondent filed her Rule 4(c) r eport in which she concedes

that petitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with

the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amende d

at 44 U.S.C. § 3501 note (2012 )). In accordance with Vaccine Rule 18(b), petitioner has 14 days to

identify and move to redact medical or ot her 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 definition, the undersigned 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 subparagraph of 42 U.S.C. §

300aa (2012).2

at 1 . Specifically, respondent “ believes that the alleged injury is consistent SIRVA that

was caused by the administration of petitioner’s flu vaccination. ” Id. at 3

. Respondent

agrees that “ petitioner met the statutory requirements by suffering the condition for more

than six months

. . . [and] has satisfied all legal prerequisites for compensation under

the Vaccine Act

. ” Id. (citations omitted )

.

In view of respondent’s concession and the evidence before me, I find that

petitioner is entitle d to compensation

.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master