Judges: Brian H. Corcoran
Filed: May 29, 2020
Latest Update: May 29, 2020
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0407V UNPUBLISHED VERONICA SANDERSON, Chief Special Master Corcoran Petitioner, Filed: April 27, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Causation-In-Fact; Influenza (Flu) Vaccine; Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Debra A. Filteau Begley, U.S
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0407V UNPUBLISHED VERONICA SANDERSON, Chief Special Master Corcoran Petitioner, Filed: April 27, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Causation-In-Fact; Influenza (Flu) Vaccine; Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Debra A. Filteau Begley, U.S...
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In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0407V
UNPUBLISHED
VERONICA SANDERSON, Chief Special Master Corcoran
Petitioner, Filed: April 27, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 18, 2019, Veronica Sanderson 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 related to vaccine
administration (“SIRVA”) as a result of receiving the influenza vaccine on October 4,
2016. Petition at 1. Petitioner further alleges that she received the vaccination in the
United States, suffered the residual effects of her SIRVA for more than six months, and
that neither she nor any other party has filed a civil action or received compensation for
her injury.
Id. at ¶¶ 26-28. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
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Because this unpublished ruling contains a reasoned explanation for the action in this case, I am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).
On April 27, 2020, 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 “concludes that the alleged injury is consistent with
SIRVA that was caused by the administration of petitioner’s flu vaccine on October 4,
2016.”
Id. at 6. Respondent further agrees that “based on the record as it now stands,
petitioner has satisfied all legal prerequisites for compensation under the Vaccine 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/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2