Waters v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-0320V Filed: June 4, 2015 Unpublished

**************************** ANGELA WATERS, *

* Petitioner, * Ruling on Entitlement; Concession;

* Influenza (“flu”) vaccine; Shoulder Injury v. * Related to Vaccine Administration

* (“SIRVA”); Special Processing Unit

* (“SPU”)

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

**************************** Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner. Justine E. Walters, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Vowell, Chief Special Master:

On March 27, 2015, Angela Waters 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 October 22, 2013, petitioner suffered a shoulder injury related to vaccine administration (“SIRVA”). The case was assigned to the Special Processing Unit of the Office of Special Masters.

On June 3, 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 “concluded that a preponderance of the evidence establishes that petitioner’s injury is consistent with a [SIRVA], and that [the] injury is not due to factors unrelated to her October 22, 2013, flu vaccination.” Id. at 3. Respondent stated that “in light of the information contained in petitioner’s medical records and affidavits, [she] has concluded that petitioner’s left shoulder injury is compensable as a ‘caused-in-fact’ injury under the [Vaccine] Act.” Id. at 4.

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