Phy v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-682V Filed: September 18, 2015

Unpublished **************************** MARY PHY, *

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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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**************************** Paul R. Brazil, Muller Brazil, LLP, for petitioner.

Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1 Dorsey, Chief Special Master:

On June 30, 2015, Mary Phy 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 September 18, 2014, she suffered a shoulder injury. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 17, 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 4-5. Specifically, respondent indicates that she has determined that petitioner’s injury is “consistent with a shoulder injury related to vaccine administration (SIRVA).” Id. at 4. Respondent further indicates that she “agrees that petitioner’s SIRVA was caused-in-fact by the flu vaccination she received on September 18, 2014,” and that “petitioner has satisfied all legal prerequisites for compensation under the Act.” 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/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master