Garrett v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 16-0882V Filed: November 10, 2016 Unpublished

**************************** KAREN GARRETT, *

*

Petitioner, * Ruling on Entitlement; Concession;

* Influenza (“Flu”) Vaccine; Shoulder v. * Injury Related to Vaccine Administration

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

*

Respondent. *

*

**************************** Michael G. McLaren, Black, McLaren, et al., Memphis, TN, for petitioner.

Adriana R. Teitel, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey, Chief Special Master:

On July 25, 2016, Karen Garrett (“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 as a result of an influenza (“flu”) vaccination received on September 25, 2015. Pet. at 1. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.

On November 10, 2016, respondent filed a Rule 4(c) Report in which she concedes that petitioner is entitled to compensation in this case. Rule 4(c) Rep. at 1. Specifically, respondent stated that the evidence establishes that petitioner’s injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”). Id. at 4. Additionally, respondent stated that all statutory and jurisdictional requirements have been met, including having suffered the condition for more than six months. Id. Thus, respondent concludes that entitlement to compensation is appropriate under the terms of the Vaccine Act. Id.

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

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