Mahardy v. Secretary of Health and Human Services, 18-1728V. (2019)
Court: United States Court of Federal Claims
Number: infdco20191227764
Visitors: 5
Filed: Oct. 30, 2019
Latest Update: Oct. 30, 2019
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 BRIAN H. CORCORAN , Chief Special Master . On November 7, 2018, Kathleen Mahardy 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 an influenza ("flu") vaccine administered to her on November 10, 2015. Petition at 1. The case was assigned to the
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 BRIAN H. CORCORAN , Chief Special Master . On November 7, 2018, Kathleen Mahardy 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 an influenza ("flu") vaccine administered to her on November 10, 2015. Petition at 1. The case was assigned to the ..
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UNPUBLISHED
RULING ON ENTITLEMENT1
BRIAN H. CORCORAN, Chief Special Master.
On November 7, 2018, Kathleen Mahardy 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 an influenza ("flu") vaccine administered to her on November 10, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 30, 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 1. Specifically, respondent states that "petitioner's alleged injury has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation: petitioner had no history of pain, inflammation or dysfunction in her left shoulder; her pain and reduced range of motion occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality was identified to explain her symptoms." 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.
FootNotes
1. I intend to post this decision on the United States Court of Federal Claims' website. This means the decision 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. Because this unpublished decision 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).
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).
Source: Leagle
