Rader v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1929V Filed: September 28, 2018 UNPUBLISHED

KATHERINE J. RADER, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Table Injury; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; SECRETARY OF HEALTH AND Brachial Neuritis HUMAN SERVICES,

Respondent.

Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for petitioner. Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On December 12, 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, as a result of a Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination administered in her left deltoid on September 28, 2016, she suffered “left shoulder injuries.” Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 24, 2018, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent’s Rule

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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.

2National 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). 4(c) Report at 1. Specifically, respondent states that “based upon the record as it now stands, petitioner satisfies the legal prerequisites for an award of compensation under the Act for her [Brachial Neuritis] injury. Id. at 2.

In view of respondent’s position and the evidence of record, the undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master