McDowell v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-867V Filed: January 22, 2015 Not for Publication

************************* CARMEL MCDOWELL *

* *

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. *

************************* William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, Memphis, TN, for petitioner.

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1 Vowell, Chief Special Master:

On September 18, 2014, Carmel McDowell 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 a seasonal influenza (“flu”) vaccination on October 1, 2013, 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 21, 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 4. Specifically, respondent submits that “petitioner’s alleged injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”).” Id. Additionally, respondent indicated that “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