Bures v. Secretary of Health and Human Services ( 2022 )


Menu:
  •     In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 20-0713V
    UNPUBLISHED
    RICHARD P. BURES,                                       Chief Special Master Corcoran
    Petitioner,                         Filed: December 15, 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)
    William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for
    Petitioner.
    Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.
    RULING ON ENTITLEMENT1
    On June 12, 2020, Richard P. Bures 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 he suffered a shoulder injury related to vaccine
    administration as a result of an influenza vaccine administered on October 9, 2018.
    Petition at 1. Petitioner further alleges the vaccine was administered in the United States,
    he suffered sequelae of his injury for more than six months, and he has not received
    compensation or filed a civil action for vaccine-related injuries prior to filing his petition.
    Petition at ¶¶ 2, 15-16. 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    Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
    § 300aa (2012).
    On December 15, 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 pre-vaccination
    history of pain, inflammation, or dysfunction of his left shoulder; pain occurred within 48
    hours after receipt of an intramuscular vaccination; pain and reduced range of motion
    were limited to the shoulder in which the vaccine was administered; and, no other
    condition or abnormality, such as brachial neuritis, has been identified to explain
    petitioner’s shoulder pain.” Id. at 6. Respondent further agrees based on the medical
    records that Petitioner suffered the residual effects of his condition for more than six
    months and has satisfied all legal prerequisites for compensation under the Act. 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: 20-713

Judges: Brian H. Corcoran

Filed Date: 1/19/2022

Precedential Status: Non-Precedential

Modified Date: 1/19/2022