Avchen v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

******************** * SUSIE AVCHEN, * No. 14-279V

* Special Master Christian J. Moran Petitioner, *

* v. * Filed: July 17, 2014

* SECRETARY OF HEALTH * AND HUMAN SERVICES, * Stipulation; Influenza vaccine;

* Shoulder injury related to vaccine Respondent. * administration; SIRVA.

* ******************** * Ronald Craig Homer, Conway Homer & Chin-Caplan, P.C., Boston, MA, for petitioner; Alexis S. Babcock, United States Dep’t of Justice, Washington, DC, for respondent.

UNPUBLISHED RULING FINDING ENTITLEMENT1 On April 10, 2014, Susie Avchen filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. §300a—10 et. seq., alleging that she suffered a shoulder injury related to her receipt of an influenza vaccination administered on October 6, 2011.

In her Rule 4(c) report, respondent states that “compensation is appropriate” in this case. Resp’t’s Rep’t, filed July 15, 2014, at 3. Respondent adds that the Division of Vaccine Injury Compensation, Department of Health and Human Services, has reviewed the facts of this case and has concluded, “Ms. Avchen suffered a non-Table injury of SIRVA and that the preponderance of the medical evidence indicates that the injury was causally related to the vaccination.” Id.

Special masters may determine whether a petitioner is entitled to compensation based upon the record. A hearing is not required. 42 U.S.C. § 300aa-13; Vaccine Rule 8(d). Based upon a review of the record as a whole, the undersigned finds that petitioner has established that she is entitled to compensation for her injury.

Accordingly, Ms. Avchen is entitled to compensation. A status conference remains set for Monday, July 21, 2014 at 10:00 A.M. Eastern Time, to discuss the process for quantifying the amount of damages to which Ms. Avchen is entitled.

Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6353.

IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master