Filed: Jan. 05, 2016
Latest Update: Jan. 05, 2016
Summary: RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On September 11, 2015, Pedro De Jesus ("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 alleged that he suffered "shoulder injuries which were caused in fact" by the influenza vaccine he received on November 26, 2014. Petition at 1. On January 4, 2016, respondent filed her Rule 4(c) report
Summary: RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On September 11, 2015, Pedro De Jesus ("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 alleged that he suffered "shoulder injuries which were caused in fact" by the influenza vaccine he received on November 26, 2014. Petition at 1. On January 4, 2016, respondent filed her Rule 4(c) report i..
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RULING ON ENTITLEMENT1
NORA BETH DORSEY, Chief Special Master.
On September 11, 2015, Pedro De Jesus ("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 alleged that he suffered "shoulder injuries which were caused in fact" by the influenza vaccine he received on November 26, 2014. Petition at 1.
On January 4, 2016, respondent filed her Rule 4(c) report in which she concedes that "petitioner is entitled to compensation for the left shoulder injury he sustained following his receipt of the flu vaccination on November 26, 2014." Respondent's Rule 4(c) Report at 1. Specifically, respondent "has concluded that a preponderance of the evidence establishes that petitioner's injury is consistent with a shoulder injury related to vaccine administration ("SIRVA"), and that petitioner's injury is not due to factors unrelated to his November 26, 2014, flu vaccination." Id. at 3. Respondent agrees that petitioner's injury should be compensated "as a `caused-in-fact' injury." Id. at 3-4. Respondent further agrees that the petition was timely filed, that petitioner received, in the United States, a vaccine listed on the Vaccine Injury Table, that petitioner suffered the effects of his injury for more than six months, and that petitioner "avers that no civil action or proceedings have been pursued in connection with the vaccine-related injury." Id. at 4.
In view of respondent's concession and the evidence before me, the undersigned finds that petitioner is entitled to compensation. Additionally, the January 15, 2016 deadline for respondent's status report is deemed moot and terminated.
IT IS SO ORDERED.
