# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1697 V

UNPUBLISHED

DEBORAH LITER

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: July 15, 2022

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

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA , for Petitioner.

Ronalda Elnetta Kosh , U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT 1

On November 25, 2020

, D eborah Liter 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 shoulde r injury related to vaccine administration ( “ SIRVA ” ) as a re sult of an influenza vaccine she received on Oct ober 29,

2019 . Petition at 1

. Petitioner further alleges that the “ adverse effects of her vaccine

related injuries have lasted for longer t han six months

. ” Petition at ¶ 31

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

On July 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, R espondent st ates that “ Petitioner has satisfied the criteria for SIRVA set

1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 forth in the Vaccine Injury Table and the Qualifications and Aids to I nterpretation, which afford the petitioner the presumption of causation , because Petitioner had no history of pain, inflammation

, or dysfunction in her right shoulder; her pain occurred within 48 hours of receipt of an intramuscu lar vaccination; her pain and redu ced range of motion 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 8 . Respondent further agrees

that “ the stat utory six

- mo nth sequela requirement has been satisfied

. ” 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