Adkins v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 16-1530V Filed: May 25, 2017 UNPUBLISHED

**************************** CRYSTAL ADKINS, *

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Petitioner, * Ruling on Entitlement; Concession; v. * Influenza (“Flu”) Vaccine; Left Shoulder

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

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Respondent. *

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**************************** Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On November 16, 2016, Crystal Adkins (“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 received an influenza (“flu”) vaccine on November 2, 2015, and thereafter suffered from a left shoulder injury that was caused-in-fact by the flu vaccine. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 24, 2017, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent states that “a preponderance of the evidence establishes that the injury to petitioner’s left shoulder was caused-in-fact by the administration of her November 2, 2015 flu vaccine, and that petitioner’s injury is not due to factors unrelated to the administration of the flu vaccine.” Id. at 3. Respondent further agrees that the statutory six month sequela requirement has been satisfied. 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