Opinion

Brown v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Dec 6, 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Unpublished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. 23-1970V

PATRICK BROWN, Chief Special Master Corcoran

Petitioner, Filed: October 30, 2024

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Jubaile Abila, Groth Law Firm, S.C., Brookfield, WI, for Petitioner.

Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT1

On November 9, 2023, Patrick Brown 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 a shoulder injury related to vaccine

administration (“SIRVA”) resulting from an influenza vaccine he received on November

19, 2020. Petition at 1-6. Petitioner further alleges that the vaccine was administered in

the United States, he experienced symptoms of his injury for more than six months, and

he has not received any compensation in the form of an award or settlement for his

vaccine-related injuries, nor has he filed a civil action prior to filing this Petition. Petition

at ¶¶ 2, 15, 16. Ex. 2. 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 30, 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 his left shoulder prior to vaccination; pain occurred within

forty-eight hours after receipt of an intramuscular vaccination; pain and reduced ROM

[were] 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

3. Respondent further agrees that the medical records demonstrate that Petitioner

suffered the residual effects of his condition for more than six months, and has satisfied

all legal prerequisites for compensation under the Vaccine Act. Id. at 4.

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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