Filed: Apr. 25, 2019
Latest Update: Apr. 25, 2019
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On May 23, 2018, 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"). Thereafter, petitioner filed an amended Petition on September 10, 2018. Petitioner's amended Petition alleges that her influenza ("flu") vaccination on October 14, 2016, caused her to suffer a shoulder injury related to vaccine administrati
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On May 23, 2018, 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"). Thereafter, petitioner filed an amended Petition on September 10, 2018. Petitioner's amended Petition alleges that her influenza ("flu") vaccination on October 14, 2016, caused her to suffer a shoulder injury related to vaccine administratio..
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UNPUBLISHED
RULING ON ENTITLEMENT1
NORA BETH DORSEY, Chief Special Master.
On May 23, 2018, 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"). Thereafter, petitioner filed an amended Petition on September 10, 2018. Petitioner's amended Petition alleges that her influenza ("flu") vaccination on October 14, 2016, caused her to suffer a shoulder injury related to vaccine administration ("SIRVA"). Amended Petition at 1-3. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 24, 2019, 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 2. Specifically, respondent indicates that
[m]edical personnel at the Division of Injury Compensation Programs ("DICP") have reviewed the petition and medical records filed in this case. Based on that review, DICP has concluded that petitioner's claim meets the Table criteria for SIRVA. Specifically, petitioner had no history of pain, inflammation or dysfunction of the affected shoulder prior to intramuscular vaccine administration that would explain the alleged signs, symptoms, examination findings, and/or diagnostic studies occurring after vaccine injection; she suffered the onset of pain within forty eight hours of vaccine administration; her pain and reduced range of motion were limited to the shoulder in which the intramuscular vaccine was administered; and there is no other condition or abnormality present that would explain her symptoms. See 42 C.F.R. § 100.3(c)(10).
Id. at 3-4. Respondent further agrees that
based on the records outlined above, petitioner's SIRVA and its sequela persisted for more than six months after the administration of the vaccine. See 42 U.S.C. § 300aa-11(c)(1)(D)(i). Therefore, petitioner is entitled to a presumption of vaccine causation.
Id. at 4.
In view of respondent's position and the evidence of record, the undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
FootNotes
1. The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished ruling contains a reasoned explanation for the action in this case, undersigned is 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).
2. National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
