Smith v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-858V Filed: October 14, 2016

UNPUBLISHED

**************************** BRENDA SMITH, *

*

Petitioner, * Ruling on Entitlement; Concession; v. * Influenza;

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

*

Respondent. *

*

**************************** Maximillian J. Muller, Muller Brazil LLP, Dresher, PA, for petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1 Dorsey, Chief Special Master:

On July 21, 2016, 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”). Petitioner alleges that she suffered a shoulder injury as a result of the administration of her October 9, 2015 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 11, 2016, 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 “opines that petitioner’s alleged injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”) . . . [and] further agrees that petitioner’s SIRVA was caused-in-fact by the flu vaccination administered on October 9, 2015. No other causes for petitioner’s SIRVA were identified.” Id. at 3. Respondent further agrees that the statutory six month sequela requirement has been satisfied and that petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id.

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

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