Filed: Jan. 08, 2016
Latest Update: Jan. 08, 2016
Summary: RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On July 14, 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" or "Program"]. Petitioner alleges that she suffered a left shoulder injury as a result of her influenza vaccination received on October 20, 2014. Petition, 1, 3, 5, 7, 9. The case was assigned to the Special Processing Unit of the Office of Special Ma
Summary: RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On July 14, 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" or "Program"]. Petitioner alleges that she suffered a left shoulder injury as a result of her influenza vaccination received on October 20, 2014. Petition, 1, 3, 5, 7, 9. The case was assigned to the Special Processing Unit of the Office of Special Mas..
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RULING ON ENTITLEMENT1
NORA BETH DORSEY, Chief Special Master.
On July 14, 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" or "Program"]. Petitioner alleges that she suffered a left shoulder injury as a result of her influenza vaccination received on October 20, 2014. Petition, ¶¶ 1, 3, 5, 7, 9. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 6, 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 "believes that petitioner's alleged injury is consistent with a shoulder injury related to vaccine administration ("SIRVA") and finds the case compensable." Id. Respondent further agrees that petitioner's injury "was caused in fact by the flu vaccine she received on October 20, 2014." Id. at 6. Respondent also indicates that "based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act." Id.
In view of respondent's concession and the evidence before me, the undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
