Spencer v. Secretary of Health and Human Services, 19-0030V. (2020)
Court: United States Court of Federal Claims
Number: infdco20200214b94
Visitors: 8
Filed: Jan. 13, 2020
Latest Update: Jan. 13, 2020
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 BRIAN H. CORCORAN , Chief Special Master . On January 4, 2019, Matthew Spencer 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 he suffered a left shoulder injury related to vaccine injury ("SIRVA") resulting from adverse effects of an influenza ("flu") vaccination he received on October 26, 2017. Petition at 1. The case was assigned
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 BRIAN H. CORCORAN , Chief Special Master . On January 4, 2019, Matthew Spencer 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 he suffered a left shoulder injury related to vaccine injury ("SIRVA") resulting from adverse effects of an influenza ("flu") vaccination he received on October 26, 2017. Petition at 1. The case was assigned ..
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UNPUBLISHED
RULING ON ENTITLEMENT1
BRIAN H. CORCORAN, Chief Special Master.
On January 4, 2019, Matthew Spencer 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 he suffered a left shoulder injury related to vaccine injury ("SIRVA") resulting from adverse effects of an influenza ("flu") vaccination he received on October 26, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 13, 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 has satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford petitioners a presumption of causation if onset of SIRVA occurs within forty-eight hours after receipt of a seasonal flu vaccination and there is no apparent alternative cause." Id. at 5. Respondent further agrees that "the medical records demonstrate that petitioner has experienced the residual effects of his SIRVA 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.
FootNotes
1. Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required 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). This means the ruling will be available to anyone with access to the internet. 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, I agree that the identified material fits within this definition, I 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
