Hanstead v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 16-1050V

Filed: December 8, 2016

UNPUBLISHED

**************************** KELSEY HANSTEAD, *

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

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

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Respondent. *

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**************************** Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner.

Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1 Dorsey, Chief Special Master:

On August 24, 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 related to vaccine administration (“SIRVA”) as a result of her September 29, 2015 influenza vaccination. Amended Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On December 5, 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 “has determined that petitioner’s right shoulder injury is consistent with SIRVA, and that it was caused in fact by the flu vaccine she received on September 29, 2015.” Id. at 4. Respondent further agrees that no other cause for petitioner’s injury has been identified, that she suffered sequela of her injury for more than six months, and that she has met the statutory requirements for entitlement to 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