Fox v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 14-462V Filed: September 25, 2014 (Not to be published)

**************************** LESLIE FOX, *

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Petitioner, * Ruling on Entitlement; Flu; SIRVA v. *

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SECRETARY OF HEALTH * AND HUMAN SERVICES, *

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Respondent. *

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**************************** William Cochran, Jr., Esq., Black McLaren Jones Ryland & Griffee, PC, Memphis, TN for petitioner.

Gordin Shemin, Esq., U.S. Department of Justice, Washington, DC for respondent.

RULING ON ENTITLEMENT1 Gowen, Special Master:

On June 2, 2014, Leslie Fox filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 [the “Vaccine Act” or “Program”]. The petition alleges that as a result of an influenza vaccine administered to her on November 28, 2012, she suffered arm and shoulder injuries, including adhesive capsulitis. Petition at 1.

On August 25, 2014, respondent filed her Rule 4(c) Report [“Respondent’s Report”], in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Report at 1.

Specifically, respondent submits petitioner’s alleged injury is consistent with a Shoulder Injury Related to Vaccine Administration [SIRVA] and that it was caused-in- fact by the flu vaccine she received on November 28, 2012. Respondent’s Report at 4. Respondent notes that she did not identify any other causes for petitioner’s SIRVA, and based on the medical records outlined, petitioner met the statutory requirements by suffering the condition for more than six months. Id. “Therefore, based on the record as it now stands, [respondent concedes that] petitioner has satisfied all legal prerequisites for compensation under the Act.” Id.

In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation. s/Thomas L. Gowen Thomas L. Gowen Special Master