Hessell v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

******************** * NATALEE HESSELL, *

* No. 14-1091V Petitioner, * Special Master Christian J. Moran

* v. * Filed: July 14, 2015

* SECRETARY OF HEALTH * Stipulation; Tetanus-diphtheria AND HUMAN SERVICES, * acellular pertussis (“Tdap”) vaccine;

* shoulder injury related to vaccine * administration (“SIRVA”).

Respondent. *

******************** * Lawrence R. Cohan, Anapol Schwartz, Philadelphia, PA, for petitioner; Adriana Ruth Teitel, United States Dep’t of Justice, Washington, DC, for respondent.

UNPUBLISHED RULING FINDING ENTITLEMENT1 On November 10, 2014, Natalee Hessell filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa—10 through 34 (2012), alleging that she suffered from adhesive capsulitis related to her receipt of a Tetanus- diphtheria acellular pertussis (“Tdap”) vaccination in her right shoulder on April 10, 2013.

In her Rule 4(c) report, respondent stated that “compensation is appropriate in this case.” Resp’t’s Rep., filed July 9, 2015, at 1. Respondent added that the Division of Injury Compensation Programs, U.S. Department of Health and Human Services, has reviewed the facts of this case and has concluded that the alleged injury, lasting for more than six months, “is consistent with a shoulder injury related to vaccine administration (‘SIRVA’),” and thus that “petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 6 (citations omitted).

Special masters may determine whether a petitioner is entitled to compensation based upon the record. A hearing is not required. 42 U.S.C. § 300aa-13; Vaccine Rule 8(d). Based upon a review of the record as a whole, the undersigned finds that petitioner has established that she is entitled to compensation for her injury.

Accordingly, Ms. Hessell is entitled to compensation. The process for quantifying the amount of damages to which Ms. Hessell is entitled will be discussed at the status conference previously set for Wednesday, July 15, 2015 at 10:00 A.M. Eastern Time.2

Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6360.

IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master