Prior v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-0107V

Filed: June 1, 2015

Unpublished

**************************** AARON PRIOR, *

* Petitioner, * Ruling on Entitlement; Concession;

* Tetanus-diphtheria-pertussis (“Tdap”) v. * vaccine; 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.

Sarah C. Duncan, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1 Vowell, Chief Special Master:

On February 2, 2015, Aaron Prior 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-pertussis (“Tdap”) vaccination on March 31, 2014, petitioner suffered a shoulder injury related to vaccine administration (“SIRVA”). Am. Pet. at preamble. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.

On June 1, 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 “believes that petitioner’s alleged injury is consistent [with a] SIRVA.” Id. Respondent stated that “based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the [Vaccine] 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