Campbell v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-541V Filed: September 10, 2015

Unpublished **************************** WINIFRED CAMPBELL, *

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Petitioner, * Ruling on Entitlement; Concession;

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

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

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Respondent. *

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**************************** Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for petitioner. Heather Pearlman, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1 Dorsey, Chief Special Master:

On May 27, 2015, Winifred Campbell 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 October 23, 2013, she suffered adhesive capsulitis. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 9, 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 she “believes that petitioner’s alleged injury is consistent with a shoulder injury related to vaccine administration (‘SIRVA’)” and that “petitioner met the statutory requirements by suffering the condition for more than six months.” Id. at 4.

In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation.

IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master