C'debaca v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-1181V Filed: March 27, 2015 Not for Publication

************************* NICOLE C’DEBACA, *

* *

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. *

************************* Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner. Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Vowell, Chief Special Master:

On December 8, 2014, Nicole C’Debaca 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 an influenza (“flu”) vaccination on November 1, 2013, petitioner suffered a shoulder injury. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On March 27, 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 concedes that petitioner “suffered a non-Table injury of Shoulder Injury Related to Vaccine Administration and that the preponderance of the medical evidence indicates that the injury was casually related to the vaccination.” 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