Filed: Jan. 07, 2020
Latest Update: Jan. 07, 2020
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 BRIAN H. CORCORAN , Chief Special Masters . On November 8, 2018, Lindsay Robert 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 right shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine administered on October 12, 2017. Petition at 1-2. The case was assigned to the S
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 BRIAN H. CORCORAN , Chief Special Masters . On November 8, 2018, Lindsay Robert 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 right shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine administered on October 12, 2017. Petition at 1-2. The case was assigned to the Sp..
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UNPUBLISHED
RULING ON ENTITLEMENT1
BRIAN H. CORCORAN, Chief Special Masters.
On November 8, 2018, Lindsay Robert 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 right shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine administered on October 12, 2017. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 6, 2020, 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 agrees that "petitioner's medical course is consistent with a shoulder injury related to vaccine administration ("SIRVA") as defined by the Vaccine Injury Table. Specifically, petitioner had no recent history of pain, inflammation, or dysfunction of her right shoulder, pain occurred within 48 hours after receipt of an intramuscular vaccination, pain was limited to the shoulder where the vaccine was administered, and no other condition or abnormality, such as brachial neuritis, has been identified to explain petitioner's pain." Id. at 5. Respondent further agrees that the medical records establish that "petitioner suffered the residual effects of her condition for more than six months . . . [and] has satisfied all legal prerequisites for compensation under the Act." Id.
In view of Respondent's position and the evidence of record, I find that Petitioner is entitled to compensation.
IT IS SO ORDERED.
