Tishmack v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-624V

Filed: December 19, 2014

**************************** CHRISTINE L. TISHMACK, *

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Petitioner, * Ruling on Entitlement; Concession;

* Special Processing Unit; Tetanus, * Diphtheria-acellular Pertussis; Tdap;

SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine AND HUMAN SERVICES, * Administration; SIRVA;

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Respondent. *

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**************************** Kate Westad, Esq., Lommen Abdo Law Firm, Minneapolis, MN, for petitioner. Julia McInerny, Esq., U.S. Dept. of Justice, Washington, DC for respondent.

RULING ON ENTITLEMENT1 Vowell, Chief Special Master:

On July 18, 2014, Christine L. Tishmack 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 a shoulder injury which was caused by the tetanus, diphtheria-acellular pertussis [“Tdap”] vaccine she received on July 22, 2011. Petition at 1. She claims she suffered “left shoulder pain, problems and limitations including without limitation adhesive capsulitis secondary to vaccination.” Id. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On December 19, 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 5. Specifically, respondent indicates that she “believes that the alleged injury is consistent with a shoulder injury related to vaccine administration (SIRVA).” Id. Respondent agrees that petitioner’s injury lasted 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