# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1773 V

UNPUBLISHED

OLGA CAPKEVICIENE

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: July 23, 2021

Special Processing Unit (SPU) ;

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

Richard H. Moeller , Maglio Christopher & Toale, PA, Washington, DC , for petitioner.

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

RULING ON ENTITLEMENT 1

On November 19, 2019

, Olga Capkeviciene 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 that she suffered a Table injury

– shoulder injury related to vaccine administration (“SIRVA”)

– as a result of her December 23, 2018 influneza ( “ flu ) vaccination . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On July 16, 2021

, R espondent filed his Rule 4(c) report in which he concedes that

P etitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report at 1.

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required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 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 invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I 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 subpara graph of 42 U.S.C. § 300aa
(2012 ).2 Specifically, R espondent indicates that

[m] edical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services, have reviewed the petition and medical records filed in the case. It is respondent’s position that petitioner

has satisfied the criteria set forth i n the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation, which affords petitioner the presumption of causation because petitioner had no history of pain, inflammation or dysfunction in her left shoulder; her pain occurred withi n 48 hours of receipt of an intramuscular vaccination; her pain and reduced 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. 42 C.F.R. § 100.3( a)(XIV)(B), (c)(10).

Id. at 4

.

In view of R espondent’s position and the evidence of record, I find that

P etitioner is entitle d to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran

Chief Special Master