Story v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-0530V Filed: October 21, 2015 Unpublished

**************************** MARYANN STORY, *

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Petitioner, * Ruling on Entitlement; Concession;

* Influenza Vaccine; Shoulder Injury * Related to Vaccine Administration

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

*

Respondent. *

*

**************************** Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner. Sarah Duncan, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey, Chief Special Master:

On May 26, 2015, MaryAnn Story (”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 an injury to her right shoulder as a result of an influenza (“flu”) vaccine administered on November 20, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 20, 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 a shoulder injury related to vaccine administration (“SIRVA”), and that it was caused in fact by the flu vaccine she received on November 20, 2014. Id. at 5-6. Respondent also concluded, based on the medical records, that petitioner met the statutory requirements for entitlement to compensation, including having suffered the sequela of her injury for more than six months. Id. at 6.

In view of respondent’s concession and the evidence of record, the undersigned finds that petitioner is entitled to compensation. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master