Loeding v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-740V

Filed: October 15, 2015

Unpublished

**************************** AMY LOEDING, *

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Petitioner, * Ruling on Entitlement; Concession;

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

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Respondent. *

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**************************** Jeffrey Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1 Dorsey, Chief Special Master:

On July 16, 2015, Petitioner 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 she suffered a shoulder injury related to vaccine administration (“SIRVA”) and brachial neuritis as a result of her October 10, 2014 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 13, 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. Specifically, respondent “has concluded that petitioner’s alleged injury is consistent with SIRVA; that a preponderance of evidence establishes that her SIRVA was caused in fact by the flu vaccination she received on October 10, 2014; and that no other causes for petitioner’s SIRVA were identified.” Id. at 2-3. Respondent further agrees that petitioner’s injury persisted for at least six months and that all legal prerequisites for compensation under the Vaccine Act have been satisfied. Id.

In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master