WHIRLEY v. SECRETARY OF HEALTH AND HUMAN SERVICES, 15-1131V. (2016)
Court: United States Court of Federal Claims
Number: infdco20160505a43
Visitors: 8
Filed: Jan. 28, 2016
Latest Update: Jan. 28, 2016
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On October 6, 2015, 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 left shoulder injury which was caused in fact by an influenza ("flu") vaccine she received on October 3, 2014. Petition at preamble. The case was assigned to the Special Processing Unit of the Offi
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On October 6, 2015, 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 left shoulder injury which was caused in fact by an influenza ("flu") vaccine she received on October 3, 2014. Petition at preamble. The case was assigned to the Special Processing Unit of the Offic..
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UNPUBLISHED
RULING ON ENTITLEMENT1
NORA BETH DORSEY, Chief Special Master.
On October 6, 2015, 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 left shoulder injury which was caused in fact by an influenza ("flu") vaccine she received on October 3, 2014. Petition at preamble. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 28, 2016, respondent filed her Rule 4(c) report in which she concedes that petitioner is entitled to compensation in this case. Respondent's Rule 4(c) Report at 1. Specifically, respondent states that "petitioner's left shoulder injury is consistent with a shoulder injury related to vaccine administration (`SIRVA'). Based on the medical records outlined above, petitioner met the statutory requirements by suffering the condition for more than six months. Therefore, based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act." Id. at 4.
In view of respondent's concession and the evidence before me, 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).
Source: Leagle
