Opinion

Bennett v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Jun 28, 2024
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 23-1315V

STEPHANIE BENNETT, Chief Special Master Corcoran

Petitioner, Filed: May 29, 2024

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for

Respondent.

RULING ON ENTITLEMENT1

On August 15, 2023, Stephanie Bennett 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 (“flu”) vaccine received on October

19, 2021. Petition at 1. Petitioner further alleges that the flu vaccine was administered in

the United States, she suffered the residual effects of her injury for more than six months,

and no lawsuits have been filed or settlements or awards accepted by anyone, including

Petitioner, due to her vaccine-related injury. Petition at ¶¶ 31-33. 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 May 28, 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 agrees that Petitioner’s alleged injury is consistent with SIRVA

as defined by the Vaccine Injury Table in that “petitioner had no history of pain,

inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred within

forty-eight 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 7. Respondent further

agrees that the records demonstrate that Petitioner suffered the residual effects of her

condition for more than six months and has satisfied all legal prerequisites for

compensation under the Vaccine 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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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