Fogg v. Hhs

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-1050V Filed: January 12, 2015

**************************** AMY FOGG, *

* Petitioner, * Ruling on Entitlement; Concession; v. * Cause-in-fact; Tdap; Shoulder Injury

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

* Respondent. *

* ****************************

RULING ON ENTITLEMENT 1

Vowell, Special Master:

On October 28, 2014, Amy Fogg 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 Ms. Fogg suffered a left shoulder injury as a result of the administration of a tetanus, diphtheria, and pertussis (“Tdap”) vaccination on February 12, 2014. (Petition at p. 1.)

On January 12, 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 3. Specifically, respondent submits that “petitioner’s alleged injury is consistent with a shoulder injury related to vaccine administration (SIRVA.)” and respondent “further agrees that petitioner’s SIRVA was caused-in-fact by the Tdap vaccination she received on February 12, 2014. No other cause for petitioner’s SIRVA were identified.” Respondent’s Report at 3. Respondent concluded that “based on the current record, 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