Nilsen v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-968V

Filed: January 9, 2015

**************************** PAULA NILSEN, *

*

Petitioner, * Ruling on Entitlement; Concession;

* Tetanus Diphtheria Vaccine; Special * Processing Unit; Shoulder Injury

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

*

Respondent. *

*

**************************** Danielle Strait, Esq., Maglio, Christopher and Toale, PC Washington, DC, for petitioner. Debra Begley, Esq., U.S. Dept. of Justice, Washington, DC for respondent.

RULING ON ENTITLEMENT1

Vowell, Chief Special Master:

On October 8, 2014, Paula Nilsen 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 [“Td”] vaccine she received on March 14, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 8, 2015, 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 4. Specifically, respondent indicates that she “that the injury to petitioner’s right shoulder was caused by the administration of her March 14, 2013 Td vaccine.” Id. Respondent agrees that petitioner’s injury lasted for more than six months and “is not due to factors unrelated to the administration of the March 14, 2013 Td vaccine.” 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