Filed: Dec. 27, 2019
Latest Update: Dec. 27, 2019
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 BRIAN H. CORCORAN , Chief Special Master . On August 21, 2018, William Dorris 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 he suffered shoulder injuries related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine he received on October 25, 2017. Petition at 1. The case was assigned to the Special Proce
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 BRIAN H. CORCORAN , Chief Special Master . On August 21, 2018, William Dorris 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 he suffered shoulder injuries related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine he received on October 25, 2017. Petition at 1. The case was assigned to the Special Proces..
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UNPUBLISHED
RULING ON ENTITLEMENT1
BRIAN H. CORCORAN, Chief Special Master.
On August 21, 2018, William Dorris 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 he suffered shoulder injuries related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine he received on October 25, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 13, 2019, I issued a finding of fact determining that Petitioner's October 25, 2017 flu vaccine was administered intramuscularly into his left deltoid. Finding of Fact, issued Nov. 13, 2019 (ECF No. 24).
On December 23, 2019, Respondent filed his Rule 4(c) report (ECF No. 25). In the Rule 4(c) report, Respondent states that he accepts my fact ruling as law of the case for purposes of further proceedings. Rule 4(c) report at 6. Respondent concludes:
In light of the Chief Special Master's fact ruling, and medical record evidence submitted in this case, it is concluded that petitioner suffered a Table SIRVA injury. In addition, petitioner suffered the residual effects of his condition for more than six months. 42 U.S.C. § 300aa-11(c)(1)(D)(i). Therefore, based on the record as it now stands and subject to his right to appeal the Finding of Fact and Conclusions of Law, respondent does not dispute that petitioner has satisfied all legal prerequisites for compensation under the Act. See 42 U.S.C. § 300aa-13.
Respondent's Rule 4(c) report 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.
