Crook v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0298V Filed: November 27, 2017 UNPUBLISHED   JACKIE CROOK,   Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Causation-In-Fact; Influenza (Flu) Vaccine; Shoulder Injury Related to SECRETARY OF HEALTH Vaccine Administration (SIRVA) AND HUMAN SERVICES, Respondent.     Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.   RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On March 3, 2017, Jackie Crook (“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 from a left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received on March 15, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 27, 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 states that “petitioner’s left shoulder injury is consistent with SIRVA, and that it was caused-in-fact by the flu vaccine she received on                                                              1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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. 2 National 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). March 15, 2016. Id. at 3. Respondent further agrees that no other causes for petitioner’s SIRVA were identified, and records show that she suffered the sequela of her injury for more than six months. Id. at 3-4. 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