Sims v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-988V Filed: February 6, 2015

Unpublished **************************** PAULA SIMS, *

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Petitioner, * Ruling on Entitlement; Concession;

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

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

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Respondent. *

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**************************** Patricia Finn, Esq., Piermont, NY for petitioner.

Justine Walters, Esq., U.S. Department of Justice, Washington, DC for respondent.

RULING ON ENTITLEMENT1 Vowell, Chief Special Master:

On October 15, 2014, Paula Sims 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 in fact by the influenza vaccination she received on October 17, 2011. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On February 6, 2015, respondent filed her Rule 4(c) report in which she concedes “that petitioner is entitled to compensation for the left shoulder injury she sustained following receipt of her October 17, 2011, flu vaccination.” Respondent’s Rule 4(c) Report at 1. Respondent believes “that petitioner’s injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”), and that petitioner’s injury is not due to factors unrelated to her October 17, 2011, flu vaccination.” Id. at 4. Respondent further agrees that the other statutory and jurisdictional issues are satisfied in this case. 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