# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 21

- 626 V

UNPUBLISHED

HEATHER HOGAN

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 30, 2022

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

Leigh Finfer, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Kyle Edward Pozza , U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT 1

On January 12, 202 1

, Heather Hogan 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 Table injury

– Shoulder Injury Related to Vaccine Administration (“SIR VA”)

– as a result of her October 22 , 20 1 9

influe n za (“flu”) vaccine. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Petition at ¶¶ 2

, 10

- 12

. 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1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 fits within this definition, I wil l 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 June 27, 2022

, 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. Specifically, R espondent indicates that

[m] edical personnel at the DICP [ Division of Injury Compensation Programs , Department of Health and Human Services ] have reviewed the facts of this case and concluded that petitioner’s claim meets the Table criteria for SIRVA. Specifically, petitioner had no apparent recent history of pain, inflammation or dysfunct ion of the affected shoulder prior to intramuscular vaccine administration that would explain the alleged signs, symptoms, examination findings, and/or diagnostic studies occurring after vaccine injection; she more likely than not suffered the onset of pai n 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 administered; and there is no other condition or abnormality present that would explain petitione r’s symptoms. 42 C.F.R. § 100.3(a)(XIV)(B), (c)(10).

Id. at 5 . Respondent further agrees that “ the records show that the case was timely filed, that the vaccine was received in the United States, and that petitioner satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration. ” Id. (citing 42 U.S.C. §§

300aa

- 11(c)(1)(D) ).

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