Stack v. Secretary of Health and Human Services ( 2024 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-454V
MICHAEL STACK, Chief Special Master Corcoran
Petitioner, Filed: October 25, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Michael R. Herron, II, Law Office of Michael R. Herron, Tampa, FL, for Petitioner.
Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT 1
On March 31, 2023, Michael Stack 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 he suffered the Table injury – shoulder injury related
to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination
received on November 12, 2021. Petition at 1. Petitioner further alleges that he received
the vaccine in the United States, that he suffered the residual effects of his injury for more
than six months, and that there has been no prior award or settlement of a civil action on
his behalf as a result of his injury. See Petition at ¶¶ 1, 5, 7-8. 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 October 11, 2024, 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 states that the Division of Injury Compensation Programs,
Department of Health and Human Services
has concluded 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 his left shoulder prior to vaccination;
pain occurred within forty-eight hours after receipt of an intramuscular
vaccination; pain and reduced range of motion 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. 42
C.F.R. §§ 100.3(a), (c)(10). Additionally, based on the medical records
outlined above, petitioner suffered the residual effects of his condition for
more than six months. Therefore, based on the record as it now stands,
petitioner has satisfied all legal prerequisites for compensation under the
Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i).
Id. at 5-6.
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