# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0443 V

UNPUBLISHED

BRENDA HELMANDOLLAR,

Administrator of ESTATE OF JOHN

HELMANDOLLAR

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 26, 2022

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

Administratio n (SIRVA)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA , for P etitioner.

Mallori Browne Openchowski , U.S. Department of Justice, Washington, DC, for

R espondent.

RULING ON ENTITLEMENT 1

On April 15, 2020

, Brenda Helmandollar, administrator of the estate of John

Helmandollar

, 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 Mr. Helmandollar suffered a left shoulder injur y related to vaccin e administration ( “ SIRVA ” ) as a result of a n influenza v accine received on S ept ember 23,

2018 . Petition at 1

. Petitioner further alleges the vaccine was received in the United States

a nd Mr. Helmandollar ’ s injuries lasted more than six months . Petition at ¶¶ 2, 10

. Petitioner filed an affidavit averring that she has never received an award or settlement

1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

fo r Mr. Helmandollar ’ s vaccine injuries, no r has she filed a civ il action. Ex. 8. T he case

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

On January 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. Specifically, R espondent agrees that “ Mr. Helmandollar had no history of pain, inflammation, or dy sfunction of his left shoulder; medical records document that pain

o ccurred within 48 hours after receipt of an intra muscular vac cination; pain was limited to

the left shoulder in which the vaccine was admini stered; and no other condition or abnormality has been identified to e xplain Mr. Helmandollar ’ s shoulder pain

. ” Id. at 3

. Respondent further agrees that “ based o n the medical records outlined [in the Rule 4 (c) Report], Mr. Helmandollar suffered the residual effects o f his injury for more than six

mont hs. Therefore, based on the record as it now stands, petitioner has satisfied all le gal prerequi sit es for 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