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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18-0392V
Filed: March 15, 2019

UNPUBLISHED

IRENE RUSSANO,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

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

Ronald Craig Homer, C onway, Homer, P.C., Bost on, MA, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Wa shington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey , Chief Special Master:

On March 14, 2018, Irene Russano (“petiti oner”) filed a petition for compensation under the National Vaccine Injury Com pensation Program, 42 U.S.C. §300aa-10, et

seq.

, 2 (the “Vaccine Act”). Petitioner alleges t hat she suffered from a shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine on November 17, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Offi ce of Special Masters.

1 The undersigned intends to post this ruling on the Un ited 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 mo ve 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 def inition, the undersigned will redact such material from public access. Because this unpublished ruling contai ns a reasoned explanation for the action in this case, undersigned is required to post it on the Unit ed States Court of Federal Claims' website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, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 On March 15, 2019, respondent filed his Ru le 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report

at 1. Specifically, respondent states that “DIC P has reviewed the facts of this case and concluded that petitioner’s cl aim meets the Table criteria for SIRVA. Specifically, petitioner had no history of pain, inflammati on or dysfunction of the affected shoulder prior to intramuscular vaccine administrati on that would explain the alleged signs, symptoms, examinatio n findings, and/or diagnostic studies occurring after vaccine injection; she suffered the onset of pain within forty-eight hours of vaccine administration; her pain and reduced range of motion were limited to the shoulder in

which the intramuscular vaccine was administe red; and there is no other condition or abnormality present that would explain petiti oner’s symptoms. Theref ore, petitioner is entitled to a presumption of vaccine causation.” Id. at 3-4.

Respondent further states “[w]ith respect to other statutory and jurisdictional issues, the records show that the case was ti mely filed, that the vaccine was received in the United States, and that petit ioner satisfies the statutor y severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration . . . . Thus, in light of the informa tion contained in the record, respondent concedes that entitlement to compensation is appropriate under the terms of the Vaccine Act, and will focus resources on determining the amount of compensation to be provided to petitioner in accordance with the terms and conditions of the Vaccine Act.” Responde nt’s Rule 4(c) Report at 4.

In view of respondent’s positio n and the evidence of record, the undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master