Gordon v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-1171V Filed: March 24, 2015 Not for Publication

************************* RONALD GORDON, *

* *

Petitioner, * Ruling on Entitlement; Concession;

* Influenza Vaccine (“Flu”); v. * Shoulder Injury Related to

* Vaccine Administration (“SIRVA”); * Special Processing Unit (“SPU”)

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

************************* Tara O’Mahoney, Law Offices of Chicago-Kent College of Law, Chicago, IL, for petitioner.

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

RULING ON ENTITLEMENT1

Vowell, Chief Special Master:

On December 5, 2014, Ronald Gordon 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 as a result of a seasonal influenza (“flu”) vaccination on December 12, 2012, petitioner suffered a Shoulder Injury Related to Vaccine Administration [“SIRVA”]. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On March 20, 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 4. Specifically, respondent submits that “based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Vaccine 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