Opinion

Bohatch v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
May 1, 2019
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Unpublished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. 18-101V

Filed: March 12, 2019

UNPUBLISHED

TONYA BOHATCH,

Petitioner, Special Processing Unit (SPU);

v. Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine

HUMAN SERVICES, Administration (SIRVA)

Respondent.

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.

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

respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On January 22, 2018, 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 shoulder injuries caused in fact by

the influenza vaccination she received on September 13, 2016. Petition at 1, ¶¶ 2, 14.

Petitioner further alleges that she received the vaccination in the United States, that she

suffered the residual effects of her injuries for more than six months, and that neither

she nor any other party has filed a civil action or received compensation for her injuries

alleged as vaccine caused. Id. at ¶¶ 2, 14-15. The case was assigned to the Special

Processing Unit of the Office of Special Masters.

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the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

On March 8, 2019, 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”) as defined on the Vaccine

Injury Table.” Id. at 3-4. Respondent further indicates that “based on the record as it

now stands, petitioner has satisfied all legal prerequisites for compensation under the

Act.” Id. at 4.

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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