Opinion

Willingham v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Sep 6, 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Unpublished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. 17-522V

Filed: December 26, 2017

UNPUBLISHED

WILLIAM WILLINGHAM,

Special Processing Unit (SPU);

Petitioner, Ruling on Entitlement; Concession;

v. Causation-In-Fact; Pneumococcal

Conjugate Vaccine; Shoulder Injury

SECRETARY OF HEALTH AND Related to Vaccine Administration

HUMAN SERVICES, (SIRVA)

Respondent.

William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for

petitioner.

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

respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On April 13, 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 alleged that he suffered a shoulder injury related to vaccine

administration (“SIRVA”) resulting from the pneumococcal conjugate (Prevnar 13)

vaccine he received on April 25, 2016. Petition at 1, ¶ 2. Petitioner further alleged that

he received the vaccine in the United States, continues to suffer the residual effects of

his injury more than six months after vaccination, and has never received compensation

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the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

for his injury alleged as vaccine caused. Id. at ¶¶ 2, 14-15. The case was assigned to

the Special Processing Unit of the Office of Special Masters.

On December 22, 2017, 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 “believes that petitioner’s alleged injury is

consistent with a shoulder injury related to vaccine administration (“SIRVA”) and that it

was caused-in-fact by the Prevnar 13 vaccine he received on April 25, 2016.” Id. at 5.

Respondent further agrees that “based on the record as it now stands, petitioner has

satisfied all legal prerequisites for compensation under the 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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