# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0039 V

Filed: March 6, 2019

UNPUBLISHED

DEAN LESLIE

,

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)

Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC , for

petitioner.
Colleen Clemons Hartley , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey

, Chief Special Master:

On January 8, 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 he suffered a shoulder injury related to vaccine administration ( “ SIRVA ” ) causally related to the influenza vaccination he received on September 30, 2016 . Petit ion at ¶¶ 3, 14, 17

. Petition er further alleges that he received
the vaccination in the United States, that he suffered the residual effects of his injury for

more than six months

, and that neither he nor any other person has filed a civil action or

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 Because this unpublished ruling contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website in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 ).received compensation for his injury alleged as vaccine caused. Id. at ¶¶ 3, 16

, 20

- 21.

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

On March 4, 2019

, 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 determined that petitioner ’ s medical course is

consistent with a shoulder related to vaccine administration ( “ SIRVA ” ) as defined on the Vaccine Injury Table. ” Id. at 5 . Respondent further agrees that “ based on the record as it now stands, petitioner has satisfied all legal prerequisites 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