# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20-0642V

UNPUBLISHED

RICHARD IACONELLI,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 14, 2022

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

Bridget Candace McCullough, Muller Braz il, LLP, Dresher, PA, for Petitioner.

Matthew Murphy, U.S. Department of Ju stice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT 1

On May 26, 2020, Richard Iaconelli fil ed a petition for compensation under the National Vaccine Injury Compensati on Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleges that he suffe red from a left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on September 14, 2017. Petition at 1. Petitioner further alleges that his symp toms lasted

for more than six mont hs. Petition at 6. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On February 14, 2022, Respondent filed his Rule 4(c) report in which he concedes

that Petitioner is entitled to compensation in this case. Res pondent’s Rule 4(c) Report at 1. Specifically, Respondent stat es that “petitioner had no history of pain, inflammation, or

1 Because this unpublished Ruling contains a reasoned ex planation for the action in this case, I am required to post it on the United States Court of Federal Claims ' website in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 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 move to redact medical or other information,

the disclosure of which would cons titute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I 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 section references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 dysfunction of his left shoulder; pain o ccurred within 48 hours after receipt of an intramuscular vaccination; pain was limited to the shoulder in which the vaccine was administered; and no other condition or abno rmality has been identified to explain petitioner’s shoulder pain.” Id. at 6. Respondent fu rther agrees that “the records show that petitioner timely filed his case, that he rece ived the flu vaccine in the United States, and that he satisfies the statutory severity requi rement by suffering the residual effects or complications of his injury for more t han six months after vaccine administration”. Id.

In view of Respondent’s position a nd the evidence of record, I find that Petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran Chief Special Master