Schroeder v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-278V

Filed: June 30, 2015

Unpublished

**************************** JANICE SCHROEDER, *

*

Petitioner, * Ruling on Entitlement; Concession;

* Influenza (“Flu”) Vaccine; * Shoulder Injury Related to Vaccine

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

Respondent. *

*

**************************** Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Christine Becer, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1 Vowell, Chief Special Master:

On March 18, 2015, Janice Schroeder 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 an influenza [“flu”] vaccination on November 12, 2013, she suffered a shoulder injury related to vaccine administration [“SIRVA”]. Petition at 2. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On June 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, 4. Specifically, respondent indicates that “petitioner’s alleged injury is consistent with a shoulder injury related to vaccine administration [SIRVA] and recommends that compensation be awarded in this case.” Id. at 1. Respondent further indicates that “petitioner’s injury is not due to factors unrelated to the administration of the flu vaccine” and that “the six month sequela requirement has been satisfied.” 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