# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 506 V

Filed: November 7, 2016

Unpublished

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

TERRY BARTEE

, *

*

Petitioner, *

* Ruling on Entitlement; Concession;

v. * Influenza Vaccination ;

* Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration (“SIRVA”);

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

*

Respondent. *

*

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

Jeffrey Pop, Attorney at Law, Beverly Hills, CA

, for petitioner.

Alexis Babcock

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

RULING ON ENTITLEMENT 1

Dorsey

, Chief Special Master:

On April 25, 2016

, Terry Bartee (“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 he suffered injuries to his

left shoulder after receiving the influenza (“flu”) vaccine on December 11, 2014. Petition

at 1. P etitioner further alleges that he received the vaccine in the Untied State, that he

has suff ered the residual effects of his injury for more than six months

, and that neither

he nor any other party has received compensation for his injury alleged as vaccine

caused. I d. at ¶ ¶ 5, 1 6 , 18

- 19

. The case was assigned to the Special Processing Unit

of the Office of Special Masters.

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the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

On November 7, 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 at 1 . Specifically, respondent “ has determined that petitioner’s left shoulder

injury is consistent with SIRVA, and that it was caused in fact by the flu vaccine he

received on December 11, 2014. ” Id. at 3

. R espondent further indicates “ did not

identify any other causes for petitioner’s SIRVA, and records show that he suffered the

sequela of his injury for more than six months. ” Id. Thus, petitioner “ has met the

statutory requirements for entitlement to compensation. ” Id. (citation s omitted)

.

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