Filed: Aug. 16, 2019
Latest Update: Aug. 16, 2019
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On October 25, 2017, 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 suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of her November 9, 2016 influneza ("flu") vaccination. See Petition at 1-4. The case was assigned to the Special Processing
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On October 25, 2017, 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 suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of her November 9, 2016 influneza ("flu") vaccination. See Petition at 1-4. The case was assigned to the Special Processing ..
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UNPUBLISHED
RULING ON ENTITLEMENT1
NORA BETH DORSEY, Chief Special Master.
On October 25, 2017, 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 suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of her November 9, 2016 influneza ("flu") vaccination. See Petition at 1-4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 31, 2019, the undersigned issued Findings of Fact that "the onset of petitioner's left shoulder injury occurred within 48 hours of her November 9, 2016 flu vaccination." Findings of Fact at 4.
On August 14, 2019, respondent filed his Supplemental Rule 4(c) report in which requests a ruling on the record. Respondent's Rule 4(c) Report at 1. Specifically, respondent indicates that "[w]hile preserving his right to appeal the Chief Special Master's July 31, 2019 finding that petitioner's left arm pain began on the date of the November 9, 2016 flu vaccination, respondent accepts this ruling as the law of the case for purposes of further proceedings before the Chief Special Master." Id. at 4. Additionally, respondent notes
[i]n light of the Chief Special Master's fact ruling, and medical record evidence submitted in this case, DICP has concluded that petitioner suffered SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no recent history of pain, inflammation, or dysfunction of her left shoulder; the onset of pain occurred within 48 hours after receipt of an intramuscular vaccination;3 the pain was limited to the shoulder in which the vaccine was administered; and, no other condition or abnormality, has been identified to explain petitioner's left shoulder pain. 42 C.F.R. §§ 100.3(a), (c)(10).
Id. at 5. Respondent further agrees that "petitioner suffered the residual effects of her condition for more than six months. 42 U.S.C. § 300aa-11(c)(1)(D)(i)." Finally, respondent indicates that "based on the record as it now stands and subject to his right to appeal the Finding of Fact, respondent does not dispute that petitioner has satisfied all legal prerequisites for compensation under the Act. 42 U.S.C. § 300aa-13." Id.
In view of respondent's position and the evidence of record, the undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
