Filed: Aug. 06, 2019
Latest Update: Aug. 06, 2019
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On August 22, 2018, Tina Furlano ("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 as a result of receiving an influenza ("flu") vaccine on October 4, 2016, she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") to her left shoulder. Petition at Introduction.
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On August 22, 2018, Tina Furlano ("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 as a result of receiving an influenza ("flu") vaccine on October 4, 2016, she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") to her left shoulder. Petition at Introduction. ..
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UNPUBLISHED
RULING ON ENTITLEMENT1
NORA BETH DORSEY, Chief Special Master.
On August 22, 2018, Tina Furlano ("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 as a result of receiving an influenza ("flu") vaccine on October 4, 2016, she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") to her left shoulder. Petition at Introduction. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 5, 2019, 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 states that "petitioner's medical course is consistent with a shoulder injury related to vaccine administration (`SIRVA') as defined by the Vaccine Injury Table. Specifically, petitioner had no recent history of pain, inflammation, or dysfunction of her left shoulder, pain occurred within 48 hours after receipt of an intramuscular vaccination, pain was limited to the shoulder where the vaccine was administered, and no other condition or abnormality, such as brachial neuritis, has been identified to explain petitioner's shoulder pain." Id. at 4. Respondent further agrees that "based on the medical records outlined above, petitioner suffered the residual effects of her condition for more than six months" and therefore "has satisfied all legal prerequisites for compensation under the Act." Id.
In view of respondent's position and the evidence of record, the undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
