In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1945V

UNPUBLISHED

DIANA KARANXHA,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 27, 2020

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Causation-In-Fact; Influenza (Flu) 

Vaccine; Left Axillary Nerve Injury.

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

Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

On December 19, 2018, Diana Karanxha, 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 left axillary nerve injury as a result 

of her October 6, 2016 influneza (“flu”) vaccination. Petition at 1-9. The case was 

assigned to the Special Processing Unit of the Office of Special Masters.

On January 27, 2020, Respondent filed his Rule 4(c) report in which he

concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 

4(c) Report at 1. Specifically, Respondent indicates that 

 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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 EGovernment 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 disclosure 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 subparagraph of 42 U.S.C. § 

300aa (2012).
2

DICP has determined that petitioner’s alleged injury is not consistent with 

a Table injury for SIRVA because her pain was not consistent with a 

musculoskeletal injury to the structures of the shoulder caused by an 

inflammatory reaction, as required by the Qualifications and Aides to 

Interpretation that are appended to the Vaccine Injury Table. See 42 

U.S.C. § 300aa-14 and 42 CFR § 100.3 (c)(10). Rather, petitioner’s pain is 

consistent with a left axillary nerve injury.

Nonetheless, DICP has concluded that a preponderance of the medical 

evidence establishes that petitioner’s left axillary nerve injury was causedin-fact by the flu vaccine she received on October 6, 2016. DICP did not 

identify any other cause for petitioner’s injury, and the medical records 

outlined above demonstrate that she suffered the residual effects of her 

condition for more than six months. Therefore, based on the record as it 

now stands, petitioner has satisfied all legal prerequisites for 

compensation under the Vaccine Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 

42 U.S.C. § 300aa-11(c)(1)(D)(i).

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

Petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master