Haft v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-635V Filed: October 16, 2014

**************************** LINDA HAFT, *

* Petitioner, * Ruling on Entitlement; Concession;

* Influenza Vaccine or Flu Vaccine; * Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration; SIRVA AND HUMAN SERVICES, *

* Respondent. *

* ****************************

RULING ON ENTITLEMENT1

Vowell, Chief Special Master:

On July 21, 2014, Linda Haft 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”]. Petitioner alleged that she suffered a shoulder injury which was caused in fact by the influenza vaccine she received on October 17, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 16, 2014, respondent filed her Rule 4(c) report [“Res. Report”] in which she concedes that petitioner is entitled to compensation in this case. Res. Report at 1. Specifically, respondent indicates “that 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 October 17, 2013.” Id. at 4. Respondent agrees that petitioner’s injury lasted for more than six months and that no other causes for petitioner’s injury can be identified. Id.

In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation. s/Denise K. Vowell Denise K. Vowell Chief Special Master