Shives v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-0296V Filed: June 12, 2015

Unpublished

**************************** NADARA SHIVES, *

* 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. *

**************************** Lauren E. Faga, Conway Homer & Chin-Caplan, P.C., Boston, MA, for petitioner. Glenn A. MacLeod, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1 Vowell, Chief Special Master:

On March 23, 2015, Nadara Shives 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 September 20, 2013, petitioner suffered a right shoulder injury related to vaccine administration (“SIRVA”). The case was assigned to the Special Processing Unit of the Office of Special Masters (“SPU”).

On June 11, 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 September 20, 2013, flu vaccination.” Id. at 3. Respondent stated that “in light of the information contained in petitioner’s medical records, [she] has concluded that petitioner’s right shoulder injury is compensable as a ‘caused-in-fact’ injury 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