UNPUBLISHED

RULING ON ENTITLEMENT1

NORA BETH DORSEY, Chief Special Master.

On September 15, 2017, Margaret DeLorenzo ("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") alleging that she suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccination administered on September 19, 2016. Petition at 1. The case was assigned to the Special Processing Unit ("SPU").

On July 25, 2019, the undersigned issued a Fact Ruling, finding there is preponderant evidence to establish that petitioner received the flu vaccination in her left arm. Fact Ruling at 5 (ECF No. 33).

On August 14, 2019, respondent filed a supplemental Rule 4(c) Report indicating that, although he reserves his right to a potential appeal of the factual ruling, he recognizes the undersigned's factual finding 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." Suppl. Rule 4 Report at 2 (ECF No. 34).3 Specifically, respondent indicates that "[i]n light of the Chief Special Master's fact ruling, and the medical record evidence submitted in this case, DICP has concluded that petitioner suffered [a] SIRVA as defined by the Vaccine Injury Table." Id. at 7. Respondent adds that "based on the record as it now stands and subject to his right to appeal the Factual Ruling, respondent does not dispute that petitioner has satisfied all legal prerequisites for compensation under the Act." Id. at 8.

In view of respondent's position and the evidence of record, the undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.