Glascock v. Secretary of Health and Human Services ( 2016 )


Menu:
  •         In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 16-686V
    Filed: August 16, 2016
    UNPUBLISHED
    ****************************
    CANDY GLASCOCK,                         *
    *
    Petitioner,          *    Ruling on Entitlement; Concession;
    v.                                      *    Tetanus-diphtheria-acellular pertussis
    *    (“Tdap”); Shoulder Injury Related
    SECRETARY OF HEALTH                     *    to Vaccine Administration (“SIRVA”);
    AND HUMAN SERVICES,                     *    Special Processing Unit (“SPU”)
    *
    Respondent.          *
    *
    ****************************
    Michael McLaren, Black McLaren, et al., PC, Memphis, TN, for petitioner.
    Lara Englund, U.S. Department of Justice, Washington, DC, for respondent.
    RULING ON ENTITLEMENT1
    Dorsey, Chief Special Master:
    On June 10, 2016, 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 following an April 13, 2015 tetanus-diphtheria-acellular
    pertussis (“Tdap”) vaccination she suffered a shoulder injury related to vaccine
    administration (“SIRVA”). Petition at 1. The case was assigned to the Special
    Processing Unit of the Office of Special Masters.
    On August 16, 2016, respondent filed her Rule 4(c) report in which she concedes
    that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
    at 1. Specifically, respondent agreed that petitioner’s SIRVA was caused-in-fact by the
    Tdap vaccination she received on April 13, 2015 
    Id. at 3.
    Respondent further agrees
    that petitioner has satisfied all legal prerequisites for compensation under the Vaccine
    Act. 
    Id. 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    this unpublished ruling contains a reasoned explanation for the action in this case, the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).
    In view of respondent’s concession and the evidence before me, the
    undersigned finds that petitioner is entitled to compensation.
    IT IS SO ORDERED.
    s/Nora Beth Dorsey
    Nora Beth Dorsey
    Chief Special Master
    2
    

Document Info

Docket Number: 16-686

Judges: Nora Beth Dorsey

Filed Date: 10/31/2016

Precedential Status: Non-Precedential

Modified Date: 4/17/2021