Salas v. Secretary of Health and Human Services, 16-739

Petitioner Irma Salas filed a Vaccine Act petition on June 22, 2016 alleging left shoulder injury following vaccinations (Tdap, Hep A, MMR) administered October 16, 2013.
She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting 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: respondent concluded the injury is consistent with SIRVA and was caused-in-fact by the October 16, 2013 left-arm vaccinations.
Respondent also concluded no alternative causes were identified and the statutory six-month sequela requirement was satisfied.
The Special Master accepted respondent’s concession and issued a ruling finding petitioner entitled to compensation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner suffered a compensable SIRVA from vaccines administered 10/16/2013	Salas alleged left shoulder injury (SIRVA) caused by the Tdap, Hep A, and MMR vaccines	Respondent conceded that the evidence supports SIRVA caused by the left-arm vaccinations and that legal prerequisites are met	Entitlement to compensation granted (concession accepted)
Whether statutory six-month residual requirement was met	Petitioner asserted residual effects exceeded six months	Respondent agreed the six-month sequela requirement was satisfied	Requirement satisfied
Whether any non-vaccine cause explained petitioner’s injury	Petitioner relied on temporal relationship and clinical picture consistent with SIRVA	Respondent found no other causes identified in the record	No alternative causes found
Whether petitioner satisfied procedural prerequisites for Program compensation	Petitioner certified vaccination location, duration of injury, and absence of prior compensation	Respondent indicated all legal prerequisites were satisfied	Petitioner met legal prerequisites