Haley v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-1041V

Filed: February 2, 2015

Unpublished

**************************** CHRISTINE HALEY, *

*

Petitioner, * Ruling on Entitlement; Concession;

* Influenza or Flu Vaccine; Adhesive * Capsulitis; Shoulder Injury Related to

SECRETARY OF HEALTH * Vaccine Administration; SIRVA; AND HUMAN SERVICES, * Special Processing Unit

*

Respondent. *

*

**************************** Joseph Pepper, Esq. (acting for Ronald Homer), Conway, Homer & Chin-Caplan, P.C.,

Boston, MA, for petitioner.

Ann Martin, Esq., U.S. Department of Justice, Washington, DC for respondent.

RULING ON ENTITLEMENT1

Vowell, Chief Special Master:

On October 27, 2014, Christine Haley 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 adhesive capsulitis which was caused by the flu vaccine she received on January 16, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 29, 2015, respondent filed her Rule 4(c) report in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent believes petitioner’s injury “is consistent with a shoulder injury related to vaccine administration (SIRVA)” (id. at 1) and agrees that “the injury to petitioner’s right shoulder was caused-in-fact by the administration of her January 16, 2013 flu vaccine” (id. at 4). Respondent further agrees that petitioner’s injury lasted for more than six months and “is not due to factors unrelated to the administration of the flu vaccine.” Id. at 4.

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