Filed: Nov. 07, 2017
Latest Update: Nov. 07, 2017
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On March 10, 2017, 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 shoulder injury related to vaccine administration ("SIRVA") . Petition at 1, 2. Petitioner further alleged that she received the flu vaccine in the United States, suffered the residual effects of
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On March 10, 2017, 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 shoulder injury related to vaccine administration ("SIRVA") . Petition at 1, 2. Petitioner further alleged that she received the flu vaccine in the United States, suffered the residual effects of h..
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UNPUBLISHED
RULING ON ENTITLEMENT1
NORA BETH DORSEY, Chief Special Master.
On March 10, 2017, 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 shoulder injury related to vaccine administration ("SIRVA") . Petition at 1, ¶ 2. Petitioner further alleged that she received the flu vaccine in the United States, suffered the residual effects of her injury for more than six months, and that no one, including petitioner, has filed a lawsuit or received a settlement or award for her injury alleged as vaccine caused. Id. at ¶¶ 15-17. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 6, 2017, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent's Rule 4(c) Report at 1. Specifically, respondent "has concluded that a preponderance of evidence establishes that petitioner's injury is consistent with a shoulder injury related to vaccine administration ("SIRVA"), and that it was caused-in-fact by the flu vaccine she received on November 3, 2015." Id. at 4. Respondent further agrees that petitioner received a vaccine listed in the Vaccine Injury Table within the United States and has suffered the residual effects of her injury for more than six months. Id.
In view of respondent's position 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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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).
