Baker v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-862V Filed: December 29, 2014

************************* RUSSELL BAKER, *

* Petitioner, * Ruling on Entitlement; Concession;

* Cause-in-fact; Influenza (flu); Shoulder v. * Injury Related to Vaccine Administration

* (SIRVA) *

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

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

RULING ON ENTITLEMENT 1

Vowell, Special Master:

On September 17, 2014, Russell Baker 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 Mr. Baker suffered a left shoulder injury as a result of the administration of an influenza (flu) vaccination on November 3, 2013. Petition at pp. 1-2.

On December 24, 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. 2. Specifically, respondent submits that “the temporal association between the administration of petitioner’s November 3, 2013, flu vaccine and the onset of his left shoulder pain is medically appropriate, and there is no other identifiable alternate cause for petitioner’s onset of symptoms and injury. Thus, causation-in-fact is supported by the record and petitioner has satisfied the legal prerequisites for compensation under the Vaccine Act.” Id. at p. 3.

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