# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 544 V

UNPUBLISHED

LORI CELUCH

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 24, 2020

Special Processing Unit (SPU) ;

Rul ing on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine

Administration (SIRVA)

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA , for petitioner.

Ryan Daniel Pyles , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On April 16, 2018

, Lori Cel uch 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 suffere d a Should er I n jury Related to Vaccine Administration ( “ SIRVA ” ) as a result of an influenza ( “ flu ” ) vaccine administered on

October 17, 2016 . Petit ion at 1 . The case was assigned to the Special Processing Unit of
the Office of Special Masters.

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required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

On January 27, 2020, I issued a Fact Ruling, 3 findi ng there is pre ponderant

evidence to establish th at the onset of Pet itioner ’ s left shoulder pain occurred within 48
hours of her October 17, 2016 flu vaccination. Findings of Fact at 5 ( ECF No. 37 )

.

On Septem ber 17, 2020, Respondent filed a n amended Rule 4 ( c) Report indicating that, although he reserves his right to a potential appeal of the factual ruling, he
recognizes my factual finding is “ the law of the case . . . [and] advis es that he will not defend the case on other grounds during further proceedings before the Office of Special

Masters.” Amended Res. Report at 2 (ECF No. 46).

Respondent indicates that , base d on my fact ruling and the medical record

evidence submitted in this case, “ DICP will not continue to contest that [ P ] etitioner suffered SIRVA as defined by the Vaccine Injury Table

. ” Id . at 4. 4 In addition, Respondent

states that Pet itioner suffered the residual effects of her condition for more than six

months

. Id

. at 5.

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

3 Respondent had previously filed a Rule 4(c) Report on November 12, 20 19 recommending that

compensation be denied in this case. ECF No. 32.

4 Respondent specifically notes that he “ does not believe that he would be able to establish by

preponderant evidence an alternative source of [P] etitioner’s pain

. ” Amended Res. Report at 2.