# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1111 V

Filed: September 16, 2019

UNPUBLISHED

SALVADOR MONARREZ

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Special Processing Unit (SPU) ;
Rul ing on Entitlement; Concession;
Table Injury; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA , for petitioner.

Adriana Ruth Teitel

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

RULING ON ENTITLEMENT 1

Dorsey

, Chief Special Master:

On July 30, 2018

, 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”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration ( “ SIRVA ” ) as a result of a Tetanus Diphtheria ac ellular Pertussis ( “ T d ap ” ) vaccination administered on October 6, 2016 . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned
agrees that the iden tified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished ruling contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website in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).

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 10 0 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 September 13, 2019

, respondent filed his Rule 4(c) report in which he

concedes that petitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent “ has co ncluded that pet itioner ’ s medical

course is consistent with SIRVA as defined by the Vaccine I n jury Table and correspond ing Qualifications and Aids to Interpretation. ” Id. at 4 . Respondent further agrees that “ petitioner had no pre

- vaccination history of pain , inflammation, or

d ys f unction of his left shoulder; pain occurred within 48 hours after receipt of an intramuscular vaccination; pain and re duced range of motion were limited to the
shoulder in which the vaccine was administered; and , no other condit ion or abnormality . . . has been identified to explain petitioner ’ s shoulder pain

. ” Id. Respondent also notes that the petitioner suffered the residual effects of his injury for more than six

months. Id

.

In view of respondent’s position and the evidence of record, the undersigned find s that petitioner is entitle d to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey
Chief Special Master