Hearns v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

************************* GAINES HEARNS, * No. 14-669V

* Special Master Christian J. Moran Petitioner, *

* v. * Filed: October 14, 2014

* SECRETARY OF HEALTH * AND HUMAN SERVICES, * influenza (“flu”) vaccine;

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

************************* Ronald C. Homer,Conway, Homer, & Chin-Caplan, Boston, MA, for petitioner; Jennifer L. Reynaud, United States Department of Justice, Washington, DC, for respondent.

UNPUBLISHED RULING FINDING ENTITLEMENT 1 On July 29, 2014, Gaines Hearns filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. §300a—10 et. seq., alleging that he suffered a shoulder injury related to his receipt of influenza (“flu”) vaccine on January 16, 2013.

In her Rule 4(c) report, respondent states that “compensation is appropriate in this case.” Resp’t Rep’t, filed Oct. 9, 2014, at 1. 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 that the alleged injury, lasting for more than six months, “is consistent with a shoulder injury related to vaccine administration (‘SIRVA’),” and thus that “petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. (citations omitted).

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 he is entitled to compensation for his injury.

Accordingly, Mr. Hearns is entitled to compensation. A status conference is set, sua sponte, for Tuesday, November 4, 2014 at 2:00 P.M. Eastern Time, to discuss the process for quantifying the amount of damages to which Mr. Hearns is entitled.

Any questions may be directed to my law clerk, Christina Gervasi, at (202) 357-6521. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master