McCormick v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-1114V Filed: April 29, 2015 Not for Publication

************************* ANTOINETTE MCCORMICK, *

* *

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. *

************************* Paul R. Brazil, 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 November 14, 2014, Antoinette McCormick 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 December 7, 2013, petitioner suffered “shoulder injuries which were caused in fact” by her influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 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 submits that “Ms. McCormick suffered a Shoulder Injury Related to Vaccine Administration [“SIRVA”], a non-Table injury, and that the preponderance of the medical evidence indicates that the injury was casually related to the vaccination. Therefore, compensation is appropriate.” 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