# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17-0839V Filed: March 5, 2018

UNPUBLISHED

CONNIE OSBORNE,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

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

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Wa shington, DC, for petitioner. Amy Paula Kokot, U.S. Depar tment of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey , Chief Special Master:

On June 21, 2017, Connie Osborne (“petit ioner”) filed a petition for compensation under the National Vaccine Injury Com pensation Program, 42 U.S.C. §300aa-10, et

seq.

, 2 (the “Vaccine Act”). Petitioner alleges that her receipt of an influenza (“flu”) vaccine on August 24, 2016, caused her to suffer a left-sided shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Offi ce of Special Masters.

On March 2, 2018, respondent filed his Ru le 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 stat es that “petitioner’s claim meets the Table criteria for

1 Because this unpublished ruling contains a reaso ned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims' website,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). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).SIRVA. Specifically, petitioner had no history of pain, infl ammation or dysfunction of the affected shoulder prior to intramuscular va ccine administration that would explain the alleged signs, symptoms, exam ination findings, and/or diagn ostic studies occurring after vaccine injection; she suffered the onset of pain within forty-ei ght hours of vaccine administration; her pain and reduced range of motion were limited to the shoulder in
which the intramuscular vaccine was administe red; and there is no other condition or abnormality present that woul d explain her symptoms.” Id. at 4. Respondent further agrees that petitioner’s SIRVA and its sequela persisted for mo re than six months after administration of the vaccine, and therefore, petit ioner is entitled to a presumption of
vaccine causation. Id.

In view of respondent’s positio n and the evidence of record, the undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master