Simmon v. Secretary of Health and Human Services, 15-1475V. (2016)
Court: United States Court of Federal Claims
Number: infdco20160531e03
Visitors: 5
Filed: Apr. 22, 2016
Latest Update: Apr. 22, 2016
Summary: Unpublished RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On December 7, 2015, Laurie Simmon ("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 shoulder injury related to vaccine administration ("SIRVA") as a result of receiving the influenza vaccine on September 24, 2014. Petition at 1. Petitioner further all
Summary: Unpublished RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On December 7, 2015, Laurie Simmon ("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 shoulder injury related to vaccine administration ("SIRVA") as a result of receiving the influenza vaccine on September 24, 2014. Petition at 1. Petitioner further alle..
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Unpublished
RULING ON ENTITLEMENT1
NORA BETH DORSEY, Chief Special Master.
On December 7, 2015, Laurie Simmon ("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 shoulder injury related to vaccine administration ("SIRVA") as a result of receiving the influenza vaccine on September 24, 2014. Petition at 1. Petitioner further alleges that she has suffered the residual effects of her injury for more than six months and that no lawsuit has been filed or settlement accepted by herself or anyone else for her injuries. Id. at ¶¶ 16-17. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 21, 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 indicates that she "believes that the alleged injury is consistent SIRVA that was caused by the administration of petitioner's flu vaccination." Id. at 3. Respondent further indicates that "petitioner meets the statutory requirements by suffering the condition for more than six months . . . [and] has satisfied all legal prerequisites for compensation under the Vaccine Act." Id. (citations omitted).
In view of respondent's concession and the evidence before me, 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, 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 (2012)). 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
