Ward v. Secretary of Health and Human Services, 16-278

Petitioner Rosemarie Ward filed a Vaccine Program petition alleging that an influenza vaccination on November 22, 2013 caused a shoulder injury (SIRVA).
Petition alleges the injury persisted with residual effects for more than six months and no civil action or prior recovery exists.
Case was assigned to the Special Processing Unit of the Office of Special Masters.
Respondent filed a Rule 4(c) report conceding entitlement, stating the alleged injury is consistent with SIRVA and that Althen requirements are satisfied.
Respondent also agreed petitioner meets statutory prerequisites for compensation, including the six-month residual-effects requirement.
Chief Special Master Nora Beth Dorsey issued a ruling finding petitioner entitled to compensation based on respondent’s concession and the record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner suffered a vaccine-caused shoulder injury (SIRVA)	Ward alleges flu vaccine caused her shoulder injury	Respondent concedes the injury is consistent with SIRVA and caused-in-fact by the vaccination	Entitlement found; respondent conceded causation and injury (SIRVA)
Whether Althen causation requirements are met	Petitioner contends Althen elements satisfied	Respondent agrees Althen requirements are met	Court accepted concession and found Althen satisfied
Whether statutory prerequisites for compensation are satisfied (residual effects >6 months, no prior recovery)	Petitioner asserts she suffered residual effects >6 months and has not litigated or recovered elsewhere	Respondent agrees statutory prerequisites are met	Court found statutory prerequisites satisfied
Whether special master should rely on respondent’s Rule 4(c) concession	Petitioner relies on concession and the record	Respondent explicitly conceded entitlement in Rule 4(c) report	Court granted entitlement based on concession and evidence