Bejma v. Secretary of Health and Human Services ( 2021 )


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  •     In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 20-1619V
    UNPUBLISHED
    LOIS BEJMA,                                             Chief Special Master Corcoran
    Petitioner,                         Filed: March 29, 2021
    v.
    Special Processing Unit (SPU);
    SECRETARY OF HEALTH AND                                 Ruling on Entitlement; Concession;
    HUMAN SERVICES,                                         Causation-In-Fact; Influenza (Flu)
    Vaccine; Abscess
    Respondent.
    Brynna Gang, CK Law Group, Chicago, IL, for petitioner.
    Meghan Murphy, U.S. Department of Justice, Washington, DC, for respondent.
    RULING ON ENTITLEMENT 1
    On November 18, 2020, Lois Bejma 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 from a left deltoid abscess that was
    caused-in-fact by her October 4, 2019 influneza (“flu”) vaccination. Petition at 1. The case
    was assigned to the Special Processing Unit of the Office of Special Masters.
    On March 26, 2021, 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
    Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required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).
    1. Specifically, Respondent indicates that
    medical personnel at the Division of Injury Compensation Programs,
    Department of Health and Human Services (“DICP”), have reviewed the
    petition and supporting documentation filed in this case and concluded that
    petitioner developed an abscess on her left deltoid, which in fact was more
    likely than not caused by administration of a flu vaccine at the same
    location. No other causes for petitioner’s abscess have been identified. See
    42 U.S.C. § 300aa-13(a)(1)(B).
    Id. at 6. Respondent further agrees that “petitioner’s injury ‘resulted in inpatient
    hospitalization and surgical intervention.’ See 42 U.S.C.§ 300aa-11(c)(1)(D)(iii).
    Therefore, based on the record as it now stands, petitioner 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.
    s/Brian H. Corcoran
    Brian H. Corcoran
    Chief Special Master
    2
    

Document Info

Docket Number: 20-1619

Judges: Brian H. Corcoran

Filed Date: 4/29/2021

Precedential Status: Non-Precedential

Modified Date: 4/30/2021