# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 1167 V

Filed: December 22, 2016

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

KIMBERLY ALBERS

- FEHR

, *

*

Petitioner, * Ruling on Entitlement; Concession;

v. * Influenza Vaccination ;

* Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration (“SIRVA”);

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Paul Brazil, Muller Brazil, LLP, Dresher, PA

, for petitioner.

Douglas Ross

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

RULING ON ENTITLEMENT 1

Dorsey

, Chief Special Master:

On September 20, 2016

, Kimberly Albers

- Fehr (“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” or “Program”)

. Peti tioner alleges that s he

suffered right shoulder injuries resulting from the influenza vaccination she received on

October 11, 2015

. Petit ion at 1

, ¶¶ 2

, 1 6

. P etitioner further alleges that s he received

the vaccination in the United States, has suff ered the residual effects of her injury for

more than six months

, and that neither s he nor any other party h as filed an action or

received compensation for her injury alleged as vaccine caused. I d. at ¶ ¶ 2, 16

- 18

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

On December 22, 2016

, respondent filed her Rule 4(c) r eport in which she

concedes that petitioner is entitled to compensa tion in this case. Respondent’s Rule

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the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, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amende d

at 44 U.S.C. § 3501 note (2012 )). 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 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2

4(c) Report at 1 . Specifically, respondent “ concluded that petitioner suffered a non

Table injury of SIRVA and that the preponderance of the medical evidence indicates

that the injury was causally related to the flu vaccination she received on October 11,

2015.” Id. at 7

. R espondent further indicates that “ based on the record as it now

stands, com pensation is appropriate, as petitioner has satisfied all legal prerequisites

for compensation under the Act.” Id.

In view of respondent’s concession and the evidence before me, I find that

petitioner is entitle d to compensation

.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master