# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1179 V

UNPUBLISHED

JODY CALDWELL

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 16, 2022

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

Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY , for Petitioner.

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

RULING ON ENTITLEMENT 1

On September 11, 2020

, Jody Caldwell 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 a left shoulder injury related to vaccine administration ( “ SIRVA ” ) as a result of an influenza vaccine received on September 13,

2017 . Petition at 1

. Petitioner further alleges the vaccin e was admi nistered in the United States, no previous civil action has been filed and no one has pre viously collected an award or settlement of a civil action for damages arising from her alleged vaccine

- related inj uries

, and she suffered residual effects of her injury for mo re than si x mo nth s . Petition

at ¶¶ 2, 11, 49

- 106

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

1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 R uling 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 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 section references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

On February 15, 2022

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

that P etitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at

1. Specifically, R espondent agrees that “ petitioner has satisfied the criteria f or SIRVA set forth in the Vaccine Injury Tabl e and the Qualifications and Aids to Interpretation, which afford petitioner the presumption of causation, because petitioner had no history of pain, inflammation, or dysf unction in her left shoulder; her pain o ccur red within 48 hours of receipt of an intramuscular vaccination; her pain and reduced range of motion were limited to the shoulder in which the vaccine wa s administered; and no other condition or

ab normality was identified to explain her symptoms

. ” Id. at 10 . Respondent further agrees

that the statu tory six month sequela requirement has been sati sfied

. Id.

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

P etitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master