Livolsi v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-1040V Filed: January 22, 2015 Not for Publication

************************* ROBERTA LIVOLSI *

* *

Petitioner, * Ruling on Entitlement; Concession;

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

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

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

************************* Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner. Lindsay Corliss, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1 Vowell, Chief Special Master:

On October 27, 2014, Roberta Livolsi 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 an influenza (“flu”) vaccination on October 3, 2012, petitioner suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 22, 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 5. Specifically, respondent submits that “the injury to petitioner’s left shoulder was caused by the administration of her October 3, 2012, flu vaccine and that petitioner’s left shoulder injury is not due to factors unrelated” to her vaccination. Id. Additionally, respondent indicated that 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