Roach v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-0422V Filed: July 30, 2015 Unpublished

**************************** KATELYN ROACH, *

* Petitioner, * Ruling on Entitlement; Concession;

* Tetanus, Diphtheria, and Acellular v. * Pertussis (“Tdap”) Vaccine; Shoulder

* Injury Related to Vaccine Administration * (“SIRVA”); Special Processing Unit

SECRETARY OF HEALTH * (“SPU”) AND HUMAN SERVICES, *

* Respondent. *

**************************** Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.

Debra Begley, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Vowell, Chief Special Master:

On April 27, 2015, Katelyn Roach 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 a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination on October 14, 2014, petitioner suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.

On July 30, 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 “believes that the alleged injury is consistent with SIRVA that was caused by the administration of petitioner’s Tdap vaccination.” Id. Additionally, based on the evidence of record, petitioner satisfied all legal prerequisites and other requirements for compensation 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