Moore v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-605V

Filed: September 30, 2015

Unpublished

**************************** MERRY MOORE, *

*

Petitioner, * Ruling on Entitlement; Concession;

* Tetanus-Diphtheria-acellular Pertussis * (“Tdap”) Vaccine; Shoulder Injury

SECRETARY OF HEALTH * Related to Vaccine Administration AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit

* (“SPU”) Respondent. *

*

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

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

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On June 15, 2015, Merry Moore 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 a Tetanus-Diphtheria- acellular Pertussis [“Tdap”] vaccination on August 9, 2012, 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 30, 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 “has determined that petitioner suffered a shoulder injury related to vaccine administration (‘SIRVA’) in her right shoulder, which was caused in fact by the administration of a Tdap vaccine on August 9, 2012.” Id. at 1. Respondent further indicates that petitioner’s “shoulder injury is not due to factors unrelated to the administration of this vaccine” and that “the statutory six month sequela requirement has been satisfied.” 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