UNPUBLISHED

RULING ON ENTITLEMENT1

BRIAN H. CORCORAN, Chief Special Master.

On July 12, 2018, David Ramos 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 he suffered a left shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine administered on September 24, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 30, 2019, a Fact Ruling was issued finding that there is preponderant evidence to establish that the onset of Petitioner's left shoulder pain occurred within 48 hours of the September 24, 2016 flu vaccination. Fact Ruling at 2, 6 (ECF No. 26).

On November 6, 2019, Respondent filed an amended Rule 4(c) Report indicating that, although he reserves his right to a potential appeal of the factual ruling, he recognizes the factual finding regarding onset is "the law of the case . . . [and] advises that he will not defend the case on other grounds during further proceedings before the Office of Special Masters." Amended Res. Report at 2 (ECF No. 27).3 Respondent indicates that "[i]n light of the September 30, 2019 fact ruling and medical record evidence submitted in this case, DICP has concluded that petitioner suffered SIRVA as defined by the Vaccine Injury Table." Id. at 2-3. Respondent additionally concludes that Petitioner suffered the residual effects of his condition for more than six months. Id. at 3. Respondent adds that "based on the record as it now stands and subject to his right to appeal the Finding of Fact, respondent does not dispute that petitioner has satisfied all legal prerequisites for compensation under the Act." Id.

In view of Respondent's position and the evidence of record, I find that Petitioner is entitled to compensation.

IT IS SO ORDERED.