United States Court of Federal Claims, 2019

Falbo v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided October 22, 2019 · Nora Beth Dorsey

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 18-1547V

Filed: September 20, 2019

UNPUBLISHED

PAULETTE FALBO,

Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession;

v. Causation-In-Fact; Influenza (Flu)

Vaccine; Shoulder Injury Related to SECRETARY OF HEALTH AND Vaccine Administration (SIRVA) HUMAN SERVICES,

Respondent.

Jessica Ann Wallace, Siri & Glimstad, LLP, New York, NY, for petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On October 5, 2018, 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 caused-in-fact by the influenza vaccination she received on September 26, 2017. Petition at ¶¶ 3, 14. Petitioner further alleges that she received the influenza vaccination in the United States, that she suffered the residual effects of her shoulder injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her shoulder injury, alleged as vaccine caused. Id. at ¶¶ 3, 12, 16-17. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 19, 2019, 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 “has concluded that petitioner’s alleged injury is consistent with SIRVA and was caused-in-fact by the administration of a flu vaccine on September 26, 2017.” Id. at 5. Respondent further agrees that “petitioner has met the statutory requirements for entitlement to compensation.” Id.

In view of respondent’s position 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

1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This means the ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished ruling contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).

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