# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17-0670V Filed: January 11, 2018

UNPUBLISHED

CHRISTINE PEARSON,

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)

Cliff John Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner. Douglas Ross, U.S. Department of Just ice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey , Chief Special Master:

On May 22, 2017, Christine Pears on (“petitioner”) filed a petition for compensation under the National Vaccine Inju ry 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 (“S IRVA”) as a result of an influenza (“flu”) vaccine she received on October 13, 2016. Peti tion at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 11, 2018, 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 st ates that petitioner’s claim meets the Table criteria for
SIRVA Id. at 4. Petitioner had no hi story of pain, inflammation or dysfunction of the

1 Because this unpublished ruling contains a reaso ned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims' website,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). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).affected shoulder prior to intramuscular va ccine administration that would explain the alleged signs, symptoms, exam ination findings, and/or diagn ostic studies occurring after vaccine administration; her pain and reduced range of motion were limited to the
shoulder in which the intramuscular vaccine was administered; and there is no other condition or abnormality present that w ould explain petiti oner’s symptoms. Id. at 4-5. Respondent further agrees that “the records show that the ca se was timely filed, that
the vaccine was received in the United States , and that petitioner sa tisfies the statutory requirement by suffering the residual effects of complications of her injury for more than
six months after vaccine administration.” Id. at 5. Thus, re spondent concedes that entitlement to compensation is appropr iate under the terms of the Vaccine Act. Id.

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