Czuprynski v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-990V Filed: January 9, 2015 Not for Publication

************************* TRACY CZUPRYNSKI *

* *

Petitioner, * Ruling on Entitlement; Concession;

* Influenza Vaccine (“flu”); v. * Shoulder Injury Related to

* Vaccine Administration (“SIRVA”); * Special Processing Unit (“SPU”)

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

************************* Meredith Daniels, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner. Debra Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Vowell, Chief Special Master:

On October 15, 2014, Tracy Czuprynski (“petitioner”) 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 receiving an influenza (“flu”) vaccination on October 2, 2012, petitioner suffered a “shoulder injury related to vaccine administration” (“SIRVA”). 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 [“Respondent’s Report”], in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Report at 5-6. Specifically, respondent submits that “a preponderance of evidence establishes that the injury to petitioner’s left shoulder was caused by the administration of her October 2, 2012 flu vaccine, and that petitioner’s injury is not due to factors unrelated to the administration of the October 2, 2012 flu vaccine . . . In light of the information contained in petitioner’s medical records, respondent has concluded that her left shoulder injury is compensable as a “cause-in-fact” injury under the Act.” Id. at 5-6 (citations omitted).

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