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


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  •   In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 22-0766V
    DEBRA POWERS,                                              Chief Special Master Corcoran
    Petitioner,                         Filed: November 6, 2023
    v.
    SECRETARY OF HEALTH AND
    HUMAN SERVICES,
    Respondent.
    Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
    Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for Respondent.
    RULING ON ENTITLEMENT1
    On July 14, 2022, Debra Powers 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”) resulting from an influenza vaccine received on September 21,
    2020. Petition at 1. Petitioner further alleges that the vaccine was administered in the
    United States, her SIRVA symptoms persisted for more than six months, and neither
    Petitioner, nor any other party, has ever filed any action or received compensation in the
    form of an award or settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 1, 10-
    12. 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 1, 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 agrees that “petitioner’s alleged injury is consistent with
    SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no 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 4. Respondent further
    agrees that the records show that Petitioner suffered the residual effects of her condition
    for more than six months, and 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: 22-0766V

Judges: Brian H. Corcoran

Filed Date: 12/7/2023

Precedential Status: Non-Precedential

Modified Date: 11/8/2024