Stone v. Secretary of Health and Human Services

Federal Claims

Stone v. Secretary of Health and Human Services

United States Court of Federal Claims·Decided October 17, 2018·No. 17-1265·Unpublished

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1265V Filed: July 17, 2018 UNPUBLISHED

SARAH STONE, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH AND Administration (SIRVA) HUMAN SERVICES,

Respondent.

Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1 Dorsey, Chief Special Master: On September 15, 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”) in her left shoulder as a result of an influenza vaccination on October 26, 2015. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 17, 2018, 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 alleged injury is consistent with a

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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). shoulder injury related to vaccine administration as defined on the Vaccine Injury Table.” Id. at 5. Respondent further agrees that “petitioner suffered 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, the undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1265V Filed: July 17, 2018 UNPUBLISHED

SARAH STONE, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH AND Administration (SIRVA) HUMAN SERVICES,

Respondent.

Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1 Dorsey, Chief Special Master: On September 15, 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”) in her left shoulder as a result of an influenza vaccination on October 26, 2015. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 17, 2018, 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 alleged injury is consistent with a

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). shoulder injury related to vaccine administration as defined on the Vaccine Injury Table.” Id. at 5. Respondent further agrees that “petitioner suffered 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, the undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

Stone v. Secretary of Health and Human Services, (uscfc 2018).

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