Elliott v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-661V Filed: October 29, 2014

************************* PATRICIA ELLIOT *

* *

Petitioner, * Ruling on Entitlement; Concession;

* Influenza Vaccine; Shoulder Injury v. * Related to Vaccine Administration

* (“SIRVA”) *

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

************************* Marvin Firestone, MD, JD & Associates, San Mateo, CA for petitioner.

Glenn MacLeod, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Vowell, Chief Special Master:

On July 28, 2014, Patricia Elliot 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 (“flu”) vaccination on November 7, 2013, petitioner suffered adverse reactions resulting in “pain, difficulty obtaining restful sleep, and limited range of motion in her right shoulder.” Petition at 9.

On October 28, 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 6. Specifically, respondent submits that “a preponderance of the evidence establishes that the injury to petitioner’s right shoulder was caused-in-fact by the administration of her November 7, 2013 flu vaccine.” Id. at 6. Respondent notes that petitioner’s injury is not due to factors unrelated to her vaccination. 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 Special Master