Budgake v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-1150V

Filed: April 9, 2015

Not for Publication

************************* BARBARA BUDGAKE, *

* *

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. *

************************* Lawrence Disparti, Disparti Law Group, PA, Holiday, FL, for petitioner.

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

RULING ON ENTITLEMENT1

Vowell, Chief Special Master:

On November 25, 2014, Barbara Budgake 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 January 11, 2013, petitioner suffered a left shoulder injury. Petition at 1- 3. The case was assigned to the Special Processing Unit 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 4. Specifically, respondent concedes that “a preponderance of the evidence establishes that petitioner’s injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”),” and “is compensable as a ‘caused-in-fact’ injury under the 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