# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1853 V

UNPUBLISHED

MELISSA CAPARRELLI

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 29, 2021

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

Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC , for P etitioner.

Mary Eileen Holmes , U.S. Department of Justice, Washington, DC, for R espondent.

RULING ON ENTITLEMENT 1

On December 15, 202 0 , Melissa Caparrelli 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 v accine

administration (SIRVA) resulting from the adverse effects of a v accination she received
November 11, 2019 . Petition at 1

- 2, 5

. Petitioner further alleges that the vaccine w as administered in the Unite d States, her v accine

- related injuries hav e laste d more than six

months , and neither she , nor any other party, has ever received com pen sation in the form

of an award or settlement for her vaccine

- related inj ur ies . Petition at 5

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1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

On December 10, 2021

, 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. R espondent found that “ [P] etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”). ”

Id . at 5

. Specifically, Respondent determined that, “ [P] etitioner had no relevant history of pain, inflammation, or dysfunction in her left shoulder; her pain and reduced range of motion occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms

were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality was identified to explain her symptoms

. ” Respondent further agrees that

t he scope of damages to be awarded is limited to P etitioner’s left

- sided SIRVA and its related sequelae only

. 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