Mansolillo v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-1080V

Filed: January 21, 2015

Not for Publication

************************* LOUIS MANSOLILLO *

* *

Petitioner, * Ruling on Entitlement; Concession;

* Trivalent Influenza Vaccine v. * (“flu”); Shoulder Injury Related to

* Vaccine Administration (“SIRVA”); * Special Processing Unit (“SPU”)

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

************************* Amber Diane Wilson, Maglio, Christopher & Toale, PA, Washington, DC, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Vowell, Chief Special Master:

On November 5, 2014, Louis Mansolillo 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”]. The petition alleges that as a result of a trivalent influenza (“flu”) vaccination on October 4, 2013, petitioner suffered a shoulder injury. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 20, 2015, respondent filed her Rule 4(c) Report [“Respondent’s Report”], in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Report at 4. Specifically, respondent submits that “petitioner’s alleged injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”) and that it was caused in fact by the flu vaccine he received on October 4, 2013.” Additionally, respondent indicated that no other causes have been identified for petitioner’s SIRVA and petitioner’s injury has persisted for more than six months. Id.

In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation. s/Denise K. Vowell Denise K. Vowell Chief Special Master