# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1042 V

Filed: March 25, 2016

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

SALLY LESSNER

, *

*

Petitioner, * Ruling on Entitlement; Concession;

* Influenza Vaccination ;

* Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration (“SIRVA”);

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ , for petitioner.

Michael Milmoe

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

RULING ON ENTITLEMENT 1

Dorsey

, Chief Special Master:

On September 17, 2015

, Sally Lessner (“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” or “Program”)

. Peti tioner alleges that s he

suffered pain, we akness, and stiffness in her arm and shoulder caused

- in

- fact by the

influenza vaccination she received on Septem ber 26, 2012. Pet ition at ¶¶ 3

, 10

- 11

. P etitioner further alleges that s he has suffered the residual effects of her injury f or more

than six months , and neither s he nor anyone else has received compensation or has

filed a civil action for her injury alleged as vaccine caused

. Id. at ¶¶ 10, 12

. The case

was assigned to the Special Processing Unit of the Office of Special Masters.

On March 25, 2016

, respondent filed her Rule 4(c) r eport in which she concedes

that petitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with

the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amende d

at 44 U.S.C. § 3501 note (2012 )). 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 identified material fits

within this definition, the undersigned 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 subparagraph of 42 U.S.C. §

300aa (2012).2

at 1 (ECF No.22) . Specifically, respondent “ has concluded that a preponderance of the

evidence establishes that petitioner’s injury is consistent with a shoulder injury related to

vaccine administration (“SIRVA”), and that petitioner’s injury is not due to factors

unrelated to her Sep tember 26, 2012 flu vaccinatio n .” Id. Furthermore, respondent

agrees that petitioner has met the statutory requirements of the Vaccine Act, and

“ entitlement to compensation is appropriate under the terms of the Vaccine Act

. ” Id.

In view of respondent’s concession and the evidence before me, I find that

petitioner is entitle d to compensation

.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master