Ury v. Secretary of Health and Human Services ( 2021 )


Menu:
  •     In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 20-0363V
    UNPUBLISHED
    RHONDA URY,                                             Chief Special Master Corcoran
    Petitioner,                         Filed: August 4, 2021
    v.
    Special Processing Unit (SPU);
    SECRETARY OF HEALTH AND                                 Ruling on Entitlement; Concession;
    HUMAN SERVICES,                                         Table Injury; Influenza (Flu) Vaccine;
    Shoulder Injury Related to Vaccine
    Respondent.                          Administration (SIRVA)
    Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for petitioner.
    James Vincent Lopez, U.S. Department of Justice, Washington, DC, for respondent.
    RULING ON ENTITLEMENT1
    On March 31, 2020, Rhonda Ury 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 left shoulder injuries related to vaccine
    administration (“SIRVA”) resulting from an influenza vaccine received on August 23,
    2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office
    of Special Masters.
    On August 4, 2021, 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 agrees that “petitioner had no recent history of pain,
    inflammation, or dysfunction of her left shoulder that would explain the alleged signs,
    1
    Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required
    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). This means the ruling will be available to anyone with access to the internet. 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, I agree that
    the identified material fits within this definition, I 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).
    symptoms, examination findings and/or diagnostic studies occurring after vaccine
    injection; the pain was limited to the shoulder in which the vaccine was administered; and,
    no other condition or abnormality has been identified to explain petitioner’s left shoulder
    pain.” Id. at *4. Respondent further agrees that Petitioner suffered the residual effects of
    her condition for more than six months. Id.
    In view of Respondent’s position and the evidence of record, I find that
    Petitioner is entitled to compensation.
    IT IS SO ORDERED.
    s/Brian H. Corcoran
    Brian H. Corcoran
    Chief Special Master
    2
    

Document Info

Docket Number: 20-363

Judges: Brian H. Corcoran

Filed Date: 9/9/2021

Precedential Status: Non-Precedential

Modified Date: 9/9/2021