Corriveau v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-718V Filed: November 20, 2014

************************ ELLEN CORRIVEAU, *

* Ruling on Entitlement; Concession; Petitioner, * Cause-in-fact; Shoulder Injury;

v. * Influenza

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

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

RULING ON ENTITLEMENT 1

Vowell, Special Master:

On August 8, 2014, Ellen Corriveau 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 the administration of an influenza vaccination on August 16, 2011, Petitioner developed a shoulder injury related to vaccine administration from which she continues to suffer “constant, daily pain.” Petition at pp. 5-6.

On November 20, 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 p. 4. Specifically, respondent submits that “petitioner’s alleged injury is consistent with a shoulder injury relate to vaccine administration (“SIRVA”).” Id. at p. 4. Respondent also indicated that based on the medical records filed in the case, petitioner suffered residual effects of her condition for more than six months. Id. “Therefore,” Respondent concluded, “petitioner has satisfied all legal prerequisites for compensation under the Act.” 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