Glynn v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-283V Filed: June 1, 2015 Unpublished

**************************** RITA GLYNN, *

*

Petitioner, * Ruling on Entitlement; Concession;

* Tetanus-Diphtheria-acellular Pertussis * (“Tdap”) Vaccine; Shoulder Injury

SECRETARY OF HEALTH * Related to Vaccine Administration AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit

Respondent. * (“SPU”)

*

**************************** Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for petitioner. Jennifer Reynaud, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Vowell, Chief Special Master:

On March 19, 2015, Rita Glynn 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”]. Petitioner alleges that as a result of a tetanus-diphtheria- acellular pertussis vaccination on April 30, 2012, she suffered brachial neuritis, an impingement syndrome, and frozen shoulder. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 29, 2015, respondent filed her Rule 4(c) report in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent indicates that “petitioner’s alleged injury is consistent with a shoulder injury related to vaccine administration (‘SIRVA’)” and “satisfies the Althen requirements and that her alleged injury was caused-in-fact by a vaccination.” Id. at 3. Respondent further indicates that no other cause has been identified for petitioner’s condition, and petitioner has suffered “the residual effects of her condition for more than six months.” 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