Filed: Jan. 28, 2016
Latest Update: Jan. 28, 2016
Summary: RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On September 9, 2015, Sara Miller ("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" or "Program"). Petitioner alleges that as a result of receiving the tetanus-diphtheria-acellular pertussis ("Tdap") vaccine on October 29, 2014, she suffered a left shoulder injury. Petition at 1-3. The case was assigned to the Specia
Summary: RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On September 9, 2015, Sara Miller ("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" or "Program"). Petitioner alleges that as a result of receiving the tetanus-diphtheria-acellular pertussis ("Tdap") vaccine on October 29, 2014, she suffered a left shoulder injury. Petition at 1-3. The case was assigned to the Special..
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RULING ON ENTITLEMENT1
NORA BETH DORSEY, Chief Special Master.
On September 9, 2015, Sara Miller ("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" or "Program"). Petitioner alleges that as a result of receiving the tetanus-diphtheria-acellular pertussis ("Tdap") vaccine on October 29, 2014, she suffered a left shoulder injury. Petition at 1-3. The case was assigned to the Special Processing Unit ("SPU") of the Office of Special Masters.
On January 28, 2016, respondent filed a Rule 4(c) report in which she conceded entitlement to compensation. Rule 4(c) Rep. at 1, 3. Specifically, respondent concluded, based on her review of the evidence, that petitioner's alleged injury is consistent with a shoulder injury related to vaccine administration ("SIRVA") and that it was caused-in-fact by the Tdap vaccine she received on October 29, 2014. Id. at 3. Respondent further stated that the medical evidence shows petitioner had surgery and suffered the sequela of this injury for more than six months. Id. No other causes for petitioner's SIRVA were identified by respondent. Id. Petitioner has therefore satisfied all legal prerequisites for compensation under the Vaccine Act. Id.
In view of respondent's concession and the evidence of record, the undersigned finds 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, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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.
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).
