Sido v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-0386V Filed: June 30, 2015

Unpublished

**************************** KATYA SIDO, *

* 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. *

**************************** Amber D. Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Justine E. Walter, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1 Vowell, Chief Special Master:

On April 16, 2015, Katya Sido 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 November 1, 2013, petitioner suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at ¶¶2, 14-15. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.

On June 29, 2015, respondent filed her Rule 4(c) Report [“Res. Report”], in which she concedes that petitioner is entitled to compensation in this case. Resp. Report at 4. Specifically, respondent has “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 November 1, 2013, flu vaccination. Id. Respondent stated that “”in light of the information contained in petitioner’s medical records, respondent 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