Dautkhanova 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. 18-1430V
    Filed: April 10, 2019
    UNPUBLISHED
    TATIANA DAUTKHANOVA and
    RUSLAN DAUTKHANOV, on behalf of
    E.D., a Minor Child,                                      Special Processing Unit (SPU);
    Ruling on Entitlement; Concession;
    Petitioner,                          Table Injury; Influenza (Flu) Vaccine;
    v.                                                        Vasovagal Syncope
    SECRETARY OF HEALTH AND
    HUMAN SERVICES,
    Respondent.
    Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
    Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
    RULING ON ENTITLEMENT1
    Dorsey, Chief Special Master:
    On September 19, 2018, petitioners filed a petition for compensation under the
    National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
    “Vaccine Act”) on behalf of their daughter, E.D. Petitioners alleges that E.D. received
    an influenza (“flu”) vaccination on December 9, 2017, and thereafter suffered from
    vasovagal syncope and dental factures. Petition at 1-2. The case was assigned to the
    Special Processing Unit of the Office of Special Masters.
    1The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned
    agrees that the identified material fits within this definition, the undersigned will redact such material from
    public access. Because this unpublished ruling contains a reasoned explanation for the action in this
    case, undersigned is 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).
    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).
    On April 8, 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 concluded that compensation is appropriate Id. at 3.
    Respondent further agrees that petitioners have met the statutory requirements for
    entitlement to compensation. 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
    

Document Info

Docket Number: 18-1430

Judges: Nora Beth Dorsey

Filed Date: 6/21/2019

Precedential Status: Non-Precedential

Modified Date: 6/21/2019