# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1809 V

UNPUBLISHED

MICHELLE CELENTANO

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: April 29, 2021

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

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA , for P etitioner.

Mollie Danielle Gorney , U.S. Department of Justice, Washington, DC, for R espondent.

RULING ON ENTITLEMENT 1

On November 26, 2019

, Michelle Ce lentano 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 injurie s related to vaccine

administration ( “ SIRVA ” ) resulting from an infl uenza ( “ flu ” ) vaccine received on Septem ber 28, 2018 . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 28, 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. Specifically, R espondent agrees that “ petitioner has satisfied the criteria set forth in the

revised Vaccine Injury Table and the Qualifications and Aid s to Interpretation, which

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

afford petitioners a presumpt ion of causation if there is no prior history of pain, inflammation, or dysfunction in the affected shoulder prior to vaccination that would explain the symptoms occurring after vaccination; the onset of shoulder pain occurs within forty

- eight hours after the receipt of an intr amuscular seasonal flu vaccin ation; pain and reduced range of motion are lim ited to the shoulder in which the vaccine was given; and there is no apparent alternative cause

. Id. at 3

- 4

. Respondent further agrees that “ the

medical records demonstrate that petitioner ha s experienced the resi dual effects of his

SIRVA for m ore than six months [and] [t]herefore, based on the case record as it now stands, petitioner has sati sfied all legal prerequisites for compensation under the Act

. ” 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