Sporer v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Case No. 14-475V Filed: September 4, 2014 * * * * * * * * * * * * * * ** MARLON SPORER, * UNPUBLISHED * Petitioner, * * Special Master Gowen v. * * SECRETARY OF HEALTH * Tetanus Toxoid (TT) Vaccine; AND HUMAN SERVICES, * Right Arm Injury; Sterile Abscess; * Conceded.

Respondent. * * * * * * * * * * * * * * * ** Gerard Ryan, Kelner & Kelner, New York, NY, for petitioner.

Julia McInerny, United States Department of Justice, Washington, DC, for respondent.

UNPUBLISHED RULING ON ENTITLEMENT 1 On June 4, 2014, Marlon Sporer (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program (“the Program”). 2 Petitioner alleges that he suffered from the Table Injury of anaphylaxis and related sequelae, or that, in the alternative, he suffered from an injury that was caused-in-fact by a Tetanus Toxoid (“TT”) vaccine he received in his right arm on April 6, 2009. Petition at 1.

On September 3, 2014, respondent filed a report pursuant to Vaccine Rule 4(c) in which she concludes that “compensation is appropriate in this case based upon the medical record Because this unpublished ruling contains a reasoned explanation for the action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002 § 205, 44 U.S.C. § 3501 (2006). In accordance with the Vaccine Rules, each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that the identified material fits within the requirements of that provision, such material will be deleted from public access.

The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act.

showing that petitioner’s right arm injury and sterile abscess were caused-in-fact by the TT vaccination administered on April 6, 2009.” Respondent’s Report at 4.

In view of respondent’s position and of the undersigned’s review of the entire record, see § 300aa-13(a)(1), the undersigned finds that petitioner is entitled to compensation for an injury that was caused-in-fact by a covered vaccine. 42 C.F.R. § 100.3(a)(XIV); Althen v. Sec’y of Health & Human Servs., 418 F.3d 1274 (Fed. Cir. 2005). A separate damages order will issue.

IT IS SO ORDERED.

s/ Thomas L. Gowen Thomas L. Gowen Special Master