UNPUBLISHED

RULING ON ENTITLEMENT1

NORA BETH DORSEY, Chief Special Master.

On May 25, 2017, 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"). Petitioner alleges that he suffered a shoulder injury related to vaccine administration ("SIRVA") caused in fact by the tetanus, diphtheria, pertussis ("Tdap") vaccine he received on August 15, 2016. Petition at 1, ¶¶ 2, 23. Petitioner also asserts that his shoulder injury "is consistent with . . . the proposed SIRVA criteria added to the Vaccine Injury Table." Id. at ¶ 22. Petitioner further alleges that he has not received an award or settlement for his injury alleged to be vaccine caused. Id. at ¶ 24. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 12, 2018, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent's Rule 4(c) Report at 1. Specifically, respondent "has determined that petitioner's medical course is consistent with a shoulder injury related to vaccine administration ("SIRVA") as defined on the Vaccine Injury Table." Id. at 6. Respondent further agrees that "based on the records as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act." Id. at 7.

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

IT IS SO ORDERED.