Emerson v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-557V Filed: September 15, 2015

Unpublished **************************** JOHN EMERSON, *

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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”)

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Respondent. *

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**************************** Ronald Homer, Conway, Homer & Chin-Caplan, Boston, MA, for petitioner. Christine Becer, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1 Vowell, Special Master:

On June 1, 2015, John Emerson 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 11, 2013, he suffered a shoulder injury related to vaccine administration [“SIRVA’]. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 14, 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, 3. Specifically, respondent indicates that she has determined that petitioner’s injury is “consistent with a shoulder injury related to vaccine administration (‘SIRVA’).” Id. at 1. Respondent “concluded that the injury to petitioner’s left shoulder was caused-in-fact by the administration of his October 11, 2013, flu vaccine . . . and not due to factors unrelated to the administration of the flu vaccine.” Id. at 3. Respondent further indicates that “the statutory six month sequela requirement has been satisfied.” Id.

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

IT IS SO ORDERED. s/Denise K. Vowell Denise K. Vowell Special Master