Altieri v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-910V

Filed: February 3, 2015

Unpublished

**************************** PHILIP ALTIERI, *

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Petitioner, * Ruling on Entitlement; Concession;

* Influenza or Flu Vaccine; SIRVA; * Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration; Special Processing Unit AND HUMAN SERVICES, *

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Respondent. *

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**************************** Paul Brazil, Esq., Muller Brazil LLP, Philadelphia, PA for petitioner.

Justine Walters, Esq., U.S. Department of Justice, Washington, DC for respondent.

RULING ON ENTITLEMENT1 Vowell, Chief Special Master:

On September 26, 2014, Philip Altieri 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”]. Petitioner alleges that he suffered right shoulder injuries which were caused by the influenza vaccine he received on December 2, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On February 3, 2015, respondent filed her Rule 4(c) report in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1-2. Specifically, respondent “has concluded that a preponderance of the evidence establishes that petitioner’s injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”), and that petitioner’s injury is not due to factors unrelated to his December 2, 2013, flu vaccination.” Id. at 3. Respondent further agrees that petitioner’s injury lasted 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