Fisher v. Secretary of Health and Human Services ( 2023 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-877V
JULIE FISHER, Chief Special Master Corcoran
Petitioner, Filed: November 21, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for
Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT 1
On August 10, 2022, Julie Fisher 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 right-sided Table shoulder injury
related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination
received on September 15, 2021. Petition at 1. Petitioner further alleges the vaccine was
administered within the United States, that she suffered the residual effects of her injury
for more than six months, and that there has been no prior award or settlement of a civil
action on her behalf as a result of her injury. See Petition at ¶¶ 2, 14, 16-17. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).
On November 20, 2023, 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 indicates that he
has concluded that petitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table. Specifically, petitioner had no relevant
history of pain, inflammation, or dysfunction of her right shoulder prior to
vaccination; pain occurred within 48 hours after receipt of an intramuscular
vaccination; pain was limited to the shoulder in which the vaccine was
administered; and no other condition or abnormality has been identified to
explain petitioner’s shoulder pain.
Id. at 3 (citing C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that Petitioner has
suffered the sequela of her injury for more than six months and has otherwise satisfied
all requirements for compensation under the Vaccine Act. Id. at 3-4.
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