Shives v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-983V Filed: December 9, 2014

**************************** VIRGINIA SHIVES, *

*

Petitioner, * Ruling on Entitlement; Concession;

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

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

*

Respondent. *

*

**************************** Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.

Claudia Gangi, US Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Vowell, Chief Special Master:

On October 14, 2014, Virginia Shives 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 alleges that she suffered left shoulder and arm pain caused-in-fact by the influenza vaccine she received on September 20, 2013. Petition at 1-2, 7. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On December 9, 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 3. Specifically, respondent indicates “that the alleged injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”), and that it was caused in fact by the flu vaccine that petitioner received on September 20, 2013.” Id. Respondent agrees that “based on the record as it now stands, 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