Filed: Apr. 28, 2017
Latest Update: Apr. 28, 2017
Summary: Unpublished RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On August 11, 2016, Holly Dlouhy ("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 sustained a shoulder injury related to vaccine administration ("SIRVA") from an influenza ("flu") vaccination she received on October 9, 2014. Petition at 1. The case was assigned to the Speci
Summary: Unpublished RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On August 11, 2016, Holly Dlouhy ("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 sustained a shoulder injury related to vaccine administration ("SIRVA") from an influenza ("flu") vaccination she received on October 9, 2014. Petition at 1. The case was assigned to the Specia..
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Unpublished
RULING ON ENTITLEMENT1
NORA BETH DORSEY, Chief Special Master.
On August 11, 2016, Holly Dlouhy ("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 sustained a shoulder injury related to vaccine administration ("SIRVA") from an influenza ("flu") vaccination she received on October 9, 2014. Petition at 1. The case was assigned to the Special Processing Unit ("SPU") of the Office of Special Masters.
On April 28, 2017, respondent filed a Rule 4(c) Report conceding that petitioner is entitled to compensation. Rule 4(c) Rep. at 1. Based on the opinion of the medical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services ("DICP"), respondent agrees "that petitioner's alleged injury is consistent with [SIRVA], and that it was caused in fact by the flu vaccine she received on October 9, 2014." Id. at 3. No other causes for petitioner's injury were identified. Id. at 3-4. In addition, petitioner's medical records demonstrate satisfaction of the statutory six month sequela requirement. Id. at 4. Based on the evidence of record, respondent believes entitlement to Vaccine Act compensation is appropriate. Id.
In view of respondent's concession and the evidence of record, the undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
FootNotes
1. Because this unpublished ruling contains a reasoned explanation for the action in this case, the undersigned intends 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). 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.
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).
