Opinion

Brown v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Feb 9, 2018
Status
Unpublished
On the bench
Nora Beth Dorsey
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17-0303V

Filed: October 2, 2017

UNPUBLISHED

LORA BELLE BROWN,

Special Processing Unit (SPU);

Petitioner, Ruling on Entitlement; Uncontested;

v. Causation-In-Fact; Pneumococcal

Conjugate Vaccine; Shoulder Injury

SECRETARY OF HEALTH AND Related to Vaccine Administration

HUMAN SERVICES, (SIRVA)

Respondent.

Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner.

Lara A. Englund, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey, Chief Special Master:

On March 3, 2017, petitioner 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”) as a result of a Prevnar 13 pneumococcal conjugate vaccine

administered to her on September 3, 2015. Petition at 1. The case was assigned to the

Special Processing Unit (“SPU”) of the Office of Special Masters.

On October 2, 2017, respondent filed his Rule 4(c) Report in which he states that

he does not contest that petitioner is entitled to compensation in this case. Resp’t’s

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with

the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of

Electronic Government Services). 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, the undersigned agrees that the identified material fits

within this definition, the undersigned will redact such material from public access.

2National 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 (2012).

Rule 4(c) Rep. at 1. Specifically, respondent states that petitioner’s alleged injury is

consistent with a SIRVA, and that it was caused-in-fact by the administration of her

September 3, 2015 pneumococcal vaccination. Id. at 4-5. Further, respondent did not

identify any other causes for petitioner’s SIRVA, and records show that petitioner

suffered her condition for more than six months. Id. at 5. Therefore, based on the

current record, petitioner has satisfied all legal prerequisites for compensation under the

Vaccine Act. Id.

In view of respondent’s position and the evidence of record, the

undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

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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