Niemi v. Secretary of Health and Human Services, 19-1535

Petitioner Janet Niemi filed a Vaccine Act claim on Oct. 2, 2019 alleging SIRVA after a Jan. 16, 2019 influenza vaccination.
Respondent initially filed a Rule 4(c) report (Apr. 16, 2021) recommending denial, arguing Petitioner did not prove onset of shoulder symptoms within 48 hours.
Petitioner moved for a ruling on the record; Chief Special Master Corcoran issued a fact ruling (Aug. 10, 2021) finding left shoulder pain began within 48 hours of vaccination.
Following that fact ruling, Respondent submitted an amended Rule 4(c) report (Sept. 13, 2021) conceding entitlement under the Table SIRVA criteria (no prior shoulder problem, onset within 48 hours, pain limited to injected shoulder, no other explanatory condition, and residual effects >6 months).
The Special Master accepted the concession and found Petitioner entitled to compensation; Respondent reserved the right to appeal if the factual finding is vacated.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Onset within 48 hours of vaccination	Niemi asserted medical records and history show shoulder pain began within 48 hours.	Initially, the Secretary argued Petitioner failed to prove onset within 48 hours.	Special Master found onset within 48 hours (fact ruling).
No preexisting shoulder pain/inflammation	Petitioner had no recent history of left shoulder problems.	Secretary did not dispute this after the fact ruling.	Conceded by Respondent and accepted.
Pain limited to the vaccinated shoulder	Petitioner alleged pain confined to the injected (left) shoulder.	Secretary did not contest this after the fact ruling.	Conceded by Respondent and accepted.
Residual effects lasting >6 months	Petitioner maintained ongoing symptoms exceeding six months.	Secretary did not contest this after the fact ruling.	Conceded by Respondent and accepted.

None (the ruling did not cite any authorities with official reporter citations).