# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 209 V

Filed: December 10, 2018

UNPUBLISHED

SUSAN ZINANNI

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

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

Michael Patrick Milmoe , Law Offices of Leah V. Durant, PLLC, Washington, DC , for

petitioner.

Lara Ann Englund

, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey

, Chief Special Master:

On February 12, 2018

, 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”). Petitioner alleges that she suffered “ in juries, including Shoulder Injury

Related to Vaccine A dministration ( “ SIRVA) ”

, resulting from the adverse effects of an influenza ( “ flu ” ) vaccination she re ceived on January 25, 2017

. ” Petit ion at 1

. Petitioner

asserts th at her claim meets the Table definition of S IRVA. Id. at 1, ¶ 5. Petitioner further alleges that she received the vaccination in the United S t ates, suffered the

1 The undersigned intends to post this ruling on the United 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 move to redact medical or other information, the

disclosure of which would constitute an unwarranted invasio n 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. Because this unpublished ruling contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website in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).

2 N ational 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 subpara graph of 42 U.S.C. §
300aa (2012 ).residual effects of her in juries for more than six months, and that neither she nor any

other party has filed a civil action or received compensation for her injuries, allege d as

vaccine caused. Id. at ¶¶ 1, 5

- 6. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On December 4, 2018

, respondent filed his Rule 4(c) report in which he

concedes that petitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent “ has concluded that petitioner suffered a

Table Shoulder Injur y Related to Vaccine Administration ( “ SIRVA ” ). ” Id. at 4

. Respondent further agrees that “ based on the current record, petitioner has satisfied all legal pre r equisites for compensation under the Act

. ” Id.

In view of respondent’s position and the evidence of record, the undersigned find s that petitioner is entitle d to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey
Chief Special Master