Smith v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-1013V

Filed: March 16, 2015

Unpublished

**************************** CATHERINE SMITH, *

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Petitioner, * Ruling on Entitlement; Concession;

* Trivalent 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. *

*

**************************** Michael G. McLaren, Esq., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN for petitioner.

Julia W. McInerny, Esq., U.S. Department of Justice, Washington, DC for respondent.

RULING ON ENTITLEMENT1 Vowell, Chief Special Master:

On October 20, 2014, Catherine Smith 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 related to vaccine administration [“SIRVA”] caused by the trivalent influenza vaccination she received on October 5, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On March 16, 2015, respondent filed her Rule 4(c) report in which she concedes “that compensation is appropriate in this case.” Respondent’s Rule 4(c) Report at 1. Specifically, respondent “believes that the alleged injury is consistent with SIRVA.” Id. at 4. Respondent further agrees that petitioner “has satisfied all legal prerequisites for compensation under the Vaccine Act” to include proof that her injury lasted for more than six months. 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