United States Court of Federal Claims, 2021

Beagley v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided December 13, 2021 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 19-0948V UNPUBLISHED

GAVIN BEAGLEY, Chief Special Master Corcoran

Petitioner, Filed: November 10, 2021 v.

Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Respondent. Brachial Neuritis

David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for Petitioner. Wei Kit Tai, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT1

On June 28, 2019, Gavin Beagley 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 brachial neuritis as a result of a tetanus- diphtheria-acellular pertussis (“Tdap”) vaccine that was administered to him on July 1, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On November 8, 2021, 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] reviewed the facts of this case and concluded that [P]etitioner’s claim meets the Table criteria for brachial neuritis.” Id. at 8. Respondent further agrees that “[Petitioner’s] brachial neuritis and its sequela, including pain, hand numbness and weakness, persisted for greater than six months.” 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/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1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).

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