Wilson v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-049V Filed: April 8, 2015

Unpublished **************************** VIOLET WILSON, *

* Petitioner, * Ruling on Entitlement; Concession;

* Tetanus, Diphtheria, acellular Pertussis v. * (“Tdap”); Shoulder Injury Related to

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

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

**************************** Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner. Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1 Vowell, Chief Special Master:

On January 20, 2015, Violet Wilson 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 Tetanus, Diphtheria, acellular Pertussis (“Tdap”) vaccination on July 1, 2014, petitioner suffered a “shoulder injury related to vaccine administration.” Petition at ¶10. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.

On April 7, 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 a preponderance of the evidence establishes 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 July 1, 2014, Tdap 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