Johnson v. Secretary of Health and Human Services, 18-1932V. (2020)
Court: United States Court of Federal Claims
Number: infdco20200225848
Visitors: 7
Filed: Jan. 21, 2020
Latest Update: Jan. 21, 2020
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 BRIAN H. CORCORAN , Chief Special Master . On December 18, 2018, Efrem Johnson 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 a left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza ("flu") vaccine administered on December 21, 2016. Petition at 1. The case was assigned to the Special
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 BRIAN H. CORCORAN , Chief Special Master . On December 18, 2018, Efrem Johnson 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 a left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza ("flu") vaccine administered on December 21, 2016. Petition at 1. The case was assigned to the Special ..
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UNPUBLISHED
RULING ON ENTITLEMENT1
BRIAN H. CORCORAN, Chief Special Master.
On December 18, 2018, Efrem Johnson 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 a left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza ("flu") vaccine administered on December 21, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 13, 2020, 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 concedes that Petitioner's alleged injury is consistent with a SIRVA as defined on the Vaccine Injury Table. Id. at 5. Specifically, Petitioner had no history of pain, inflammation, or dysfunction of his left shoulder; medical records document that pain occurred within 24 hours after receipt of the vaccination; 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 shoulder pain. Id. Respondent further agrees that Petitioner suffered the residual effects of his condition for more than six months. Id.
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. Because this unpublished ruling 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). 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, I agree that the identified material fits within this definition, I 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).
Source: Leagle
