McCormick v. Secretary of Health and Human Services

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1114V
Filed: April 29, 2015
Not for Publication
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ANTOINETTE MCCORMICK, *
*
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccine (“Flu”);
v. * Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
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Paul R. Brazil, Muller Brazil, LLP, Philadelphia, PA for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On November 14, 2014, Antoinette McCormick filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq,2 [the “Vaccine Act” or “Program”]. The petition alleges that as a result of an
influenza (“flu”) vaccination on December 7, 2013, petitioner suffered “shoulder injuries
which were caused in fact” by her influenza vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 27, 2015, respondent filed her Rule 4(c) Report [“Respondent’s Report”],
in which she concedes that petitioner is entitled to compensation in this case.
1
Because this unpublished ruling contains a reasoned explanation for the action in this case, it will be
posted on the United States Court of Federal Claims' website, in accordance with the E-Government Act
of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501note (2006)). 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).
Respondent’s Report at 3. Specifically, respondent submits that “Ms. McCormick
suffered a Shoulder Injury Related to Vaccine Administration [“SIRVA”], a non-Table
injury, and that the preponderance of the medical evidence indicates that the injury was
casually related to the vaccination. Therefore, compensation is appropriate.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2