Sellers v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18-435V

Filed: November 19, 2020 UNPUBLISHED

MIRANDA SELLERS, Special Master Horner Petitioner, v. Ruling for Entitlement; Table Injury; Influenza Vaccine (Flu); Shoulder SECRETARY OF HEALTH AND Injury Related to Vaccine HUMAN SERVICES, Administration (SIRVA) Respondent.

Michael Patrick Milmoe, Law Offices of Leah V. Duran, Washington, DC, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On March 23, 2018, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that as a result of an influenza (“flu”) vaccination that she received on October 3, 2016, she suffered a right Shoulder Injury Related to Vaccine Administration (“SIRVA”). (ECF No. 1.)

Respondent initially filed a Rule 4 Report on April 30, 2019, recommending against compensation based on his review of the record at that time. (ECF No. 18.) Following further development of the record in this case, on November 18, 2020, respondent filed an amended Rule 4(c) report in which he advised the Court that “he is now of the opinion that petitioner is entitled to compensation for a Table injury of SIRVA after flu vaccination.” (ECF No. 47, p. 2.) Specifically, respondent stated that “[t]here were no other causes identified for petitioner’s SIRVA,” and that the medical records indicate that “petitioner has suffered the sequela of her injury for more than six months.” (Id. at 7.) Consequently, respondent believes that “petitioner has satisfied all legal prerequisites for compensation under the Act.” (Id.)

In view of Respondent’s position and the evidence of record, I find that petitioner is entitled to compensation.

IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master