In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-476V 

Filed: July 5, 2016 

Unpublished 

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

LUCIANA DESA, * 

 * 

v. * 

 Petitioner, * Ruling on Entitlement; Concession; 

 * Influenza Vaccination; 

 * Shoulder Injury Related to Vaccine 

SECRETARY OF HEALTH * Administration (“SIRVA”);

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

 * 

 Respondent. * 

 * 

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

Leah Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. 

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

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On April 14, 2016, Luciana Desa (“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”). Petitioner alleges that she suffered injuries, 

including a shoulder injury related to vaccine administration (“SIRVA”) resulting from the 

influenza vaccine she received on August 29, 2015. Petition at 1. Petitioner further 

alleges that she has suffered the residual effects of her injury for more than six months 

and that neither she nor any other person has received compensation for her injuries, 

alleged as vaccine caused. Id. at ¶¶ 8-9. 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 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 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 amended 

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 invasion 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 July 1, 2016, respondent filed her Rule 4(c) report in which she concedes that 

petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. 

Specifically, respondent “has concluded that a preponderance of evidence establishes 

that the injury to petitioner’s left shoulder was caused-in-fact by the administration of her 

August 29, 2015, flu vaccine, and that petitioner’s injury is not due to factors unrelated 

to the administration of the flu vaccine.” Id. at 4 (citation omitted). Respondent further 

indicates that she “the statutory six month sequela requirement has been satisfied.” Id. 

(citation omitted). 

In view of respondent’s concession and the evidence before me, I find that 

petitioner is entitled to compensation. 

IT IS SO ORDERED. 

 s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master