Knowles v. Secretary of Health and Human Services ( 2019 )


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  •          In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 18-1527V
    Filed: November 5, 2019
    UNPUBLISHED
    DEANA KNOWLES,
    Petitioner,                          Special Processing Unit (SPU);
    v.                                                       Ruling on Entitlement; Concession;
    Table Injury; Influenza (Flu) Vaccine;
    SECRETARY OF HEALTH AND                                  Shoulder Injury Related to Vaccine
    HUMAN SERVICES,                                          Administration (SIRVA)
    Respondent.
    William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for
    petitioner.
    Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
    RULING ON ENTITLEMENT1
    Corcoran, Chief Special Master:
    On October 3, 2018, 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”) as a result of an influenza (“flu”) vaccine administered on
    September 19, 2017. Petition at 1. The case was assigned to the Special Processing
    Unit of the Office of Special Masters.
    1
    I intend to post this decision on the United States Court of Federal Claims' website. This means the
    decision 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. Because this unpublished
    decision 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).
    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).
    On November 4, 2019, 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 concludes that petitioner’s alleged injury is
    consistent with SIRVA as defined on the Vaccine Injury Table. Id. at 3. Respondent
    further agrees that petitioner suffered the residual effects of her condition for more than
    six months. 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: 18-1527

Judges: Brian H. Corcoran

Filed Date: 12/26/2019

Precedential Status: Non-Precedential

Modified Date: 12/26/2019