Albers-Fehr v. Secretary of Health and Human Services, 16-1167

Petitioner Kimberly Albers-Fehr filed a petition under the National Vaccine Injury Compensation Program alleging a right shoulder injury following an influenza vaccination on October 11, 2015.
Petitioner alleges the injury is a Shoulder Injury Related to Vaccine Administration (SIRVA) and that she suffered residual effects for more than six months.
The case was assigned to the Special Processing Unit (SPU) of the Office of Special Masters.
Respondent filed a Rule 4(c) report conceding entitlement, concluding petitioner suffered a non-Table SIRVA causally related to the October 11, 2015 flu vaccination.
Respondent stated that, based on the existing record, petitioner satisfied all legal prerequisites for compensation under the Vaccine Act.
The Chief Special Master accepted respondent’s concession and found petitioner entitled to compensation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to compensation for shoulder injury causally related to flu vaccine	Albers-Fehr alleged SIRVA from the Oct. 11, 2015 influenza vaccination and residual effects >6 months	Government conceded petitioner suffered a non-Table SIRVA causally related to the vaccination and that legal prerequisites for compensation are met	Special Master found petitioner entitled to compensation based on respondent’s concession and the record

None (the ruling is based on respondent's concession and the administrative record; no officially reported cases are cited)