Fox v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-784V

Filed: October 28, 2015

Unpublished

**************************** CHERI FOX, *

*

Petitioner, * Ruling on Entitlement; Concession;

* Influenza (“Flu”) Vaccination; * Shoulder Injury Related to Vaccine

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

*

Respondent. *

*

**************************** Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On July 24, 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 as a result of an influenza [“flu”] vaccination on September 23, 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 October 26, 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 3-4. Specifically, respondent indicates that petitioner “suffered an injury of Shoulder Injury Related to Vaccine Administration, and that the preponderance of the medical evidence indicates that the injury was causally related to the vaccination.” Id.

In view of respondent’s concession and the evidence before the court, the undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master