Smith v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-576V Filed: October 29, 2014

************************* GREGORY SMITH *

* *

Petitioner, * Ruling on Entitlement; Concession;

* Tetanus-diphtheria-acellular pertussis v. * (“Tdap); Shoulder Injury Related to

* Vaccine Administration (“SIRVA”) *

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

************************* Marvin Firestone, MD, JD & Associates, San Mateo, CA for petitioner. Heather Pearlman, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1 Vowell, Chief Special Master:

On July 8, 2014, Gregory Smith 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 a tetanus- diphtheria-acellular pertussis (“Tdap”) vaccination on July 11, 2011, petitioner suffered an injury to his left shoulder and related sequelae. Petition at 6.

On October 29, 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 5. Specifically, respondent submits “petitioner’s alleged injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”)” and that “based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 5.

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