In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-226V 

 Filed: December 11, 2017 

UNPUBLISHED 

LISA LEBEAU, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession; 

Causation-In-Fact; Influenza (Flu) 

Vaccine; Shoulder Injury Related to 

Vaccine Administration (SIRVA) 

   

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. 

Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. 

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On February 16, 2017, 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 left shoulder injuries as a result of 

her September 10, 2015 influenza (“flu”) vaccination. Petition at 1. The case was 

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

On December 7, 2017, respondent filed his Rule 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 indicates that 

[m]edical personnel at the Division of Injury Compensation Programs, U.S. 

Department of Health and Human Services (“DICP”), have reviewed the 

                                                            

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 

undersigned intends 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). 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, the 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 Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012). 
petition and exhibits filed in this case, as well as the relevant medical 

literature regarding petitioner’s alleged injury. Based on that review, DICP 

has concluded that petitioner’s alleged injury is consistent with a SIRVA 

that was caused in fact by the flu vaccine she received on September 10, 

2015. DICP did not identify any other causes for petitioner’s SIRVA, and 

based on the medical records outlined above, petitioner has met the 

statutory requirements by suffering the condition for more than six months 

after the administration of the vaccine. See 42 U.S.C. § 300aa-13(a)(1)(B); 

42 U.S.C. § 300aa-11(c)(1)(D)(i); see also Pet. Ex. 3 at 33. Therefore, 

based on the record as it now stands, petitioner has satisfied all legal 

prerequisites for compensation under the Act. 

Id. at 3-4. 

 In view of respondent’s position 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