Sudman v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-701V

Filed: November 20, 2014

************************* SUSAN SUDMAN *

* *

Petitioner, * Ruling on Entitlement; Concession;

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

* (“SIRVA”) *

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

************************* Amber D. Wilson, Maglio Christopher and Toale, PA, Washington, DC for petitioner. Lisa A. Watts, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1 Vowell, Chief Special Master:

On August 4, 2014, Susan Sudman 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 19, 2013, petitioner suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1-2.

On November 19, 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 that “petitioner’s SIRVA was more likely than not caused by the November 19, 2013, flu vaccination.” Id. at 5. Respondent notes that “no other causes for petitioner’s SIRVA have been identified” and that the injury persisted for more than six months. 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