Lokay v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-993V

Filed: January 12, 2015

**************************** CHRISTINA LOKAY, *

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Petitioner, * Ruling on Entitlement; Concession;

* Influenza Vaccine or Flu Vaccine; * Special Processing Unit; Shoulder Injury

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

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Respondent. *

*

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

RULING ON ENTITLEMENT1 Vowell, Chief Special Master:

On October 15, 2014, Christina Lokay 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 influenza vaccine she received on November 19, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 12, 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 3. Specifically, respondent believes petitioner’s injury is “consistent with a shoulder injury related to vaccine administration (SIRVA)” and agrees it was caused by the flu vaccine she received on November 19, 2013. Id. Respondent further agrees that petitioner’s injury lasted for more than six months and “[n]o other causes for petitioner’s SIRVA were identified.” 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