United States Court of Federal Claims, 2021

Felland v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided September 9, 2021 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 20-0406V UNPUBLISHED

ERIC FELLAND, Chief Special Master Corcoran

Petitioner, Filed: August 8, 2021 v.

Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA)

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

Laurie Wiesner, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT 1

On April 8, 2020, Eric Felland 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 he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza (“flu”) vaccination on October 31, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 6, 2021, Respondent filed his Rule 4(c) report in which he concedes that Petitioner suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table and is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 5. Specifically, Respondent agrees that the evidence demonstrates that Petitioner had no history of pain, inflammation, or dysfunction of his left shoulder that would explain his signs, symptoms, or findings after vaccination; that the onset of pain occurred within 48 hours after receipt of an intramuscular vaccination; that the pain was limited to the shoulder where the vaccine was administered; and that no other condition or abnormality has been identified to explain Petitioner’s left shoulder symptoms. Id. Respondent further agrees that Petitioner suffered the residual effects of his SIRVA for more than six months. Id. at 6.

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

IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). 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, I agree that the identified material fits within this definition, I will redact such material from public access. 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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