Belair v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-1503V Filed: March 14, 2016 Unpublished

**************************** RONALD BELAIR, *

*

Petitioner, * Ruling on Entitlement; Concession;

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

*

Respondent. *

*

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

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On December 11, 2015, Ronald Belair (“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 he “developed left shoulder pain” after receiving an influenza vaccination on November 5, 2014. Petition at 1; accord. Petition at ¶¶ 5-7. Petitioner further alleges that he has suffered the residual effects of his injury for more than six months, and neither he nor anyone else has received compensation or has filed a civil action for his injury alleged as vaccine caused. Id. at ¶¶ 25-26. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On March 14, 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 “believes that the alleged injury is consistent with SIRVA.” Id. at 5. Respondent agrees that “petitioner meets the six month statutory requirement . . . [and] has satisfied all legal prerequisites for compensation under the Act.” Id.

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

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