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

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-1256V
JACQUELINE CROUSE, Chief Special Master Corcoran
Petitioner, Filed: November 14, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner.
Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT 1
On September 7, 2022, Jacqueline Crouse (“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 from a
shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving a
tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination on August 11, 2020. Pet.
at 1, ECF No. 1. Petitioner further alleges that she suffered the residual effects of her
injury for more than six months. Id. at 3. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On November 13, 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)
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).
Report at 1, ECF No. 29. Specifically, Respondent stated that “Petitioner’s alleged injury
is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 7. Respondent
further agrees that Petitioner “has satisfied all legal prerequisites for compensation under
the Act.” Id. at 8.
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