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


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  •     In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 19-1456V
    UNPUBLISHED
    KRISTINIA BROOKS,                                       Chief Special Master Corcoran
    Petitioner,                         Filed: April 19, 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)
    David Alexander Tierney, Rawls Law Group, Richmond, VA, for Petitioner.
    Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
    Respondent.
    RULING ON ENTITLEMENT1
    On September 23, 2019, Kristinia Brooks 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 a left shoulder injury related to vaccine
    administration (“SIRVA”) as a result of an influenza vaccine administered on October 10,
    2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office
    of Special Masters.
    On April 19, 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’s claim meets the Table criteria for
    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    Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required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).
    SIRVA. Specifically, petitioner has no apparent history of pain, inflammation or
    dysfunction of the affected shoulder prior to intramuscular vaccine administration that
    would explain the alleged signs, symptoms, examination findings, and/or diagnostic
    studies occurring after vaccine injection; she more likely than not suffered the onset of
    pain within forty-eight hours of vaccine administration; her pain and reduced range of
    motion were limited to the shoulder in which the intramuscular vaccine was administered;
    and there is no other condition or abnormality present that would explain petitioner’s
    symptoms.” Id. at 3. Respondent further agrees that the case was timely filed, the vaccine
    was received in the United States, Petitioner satisfies the statutory severity requirement
    by suffering the residual effects or complications of her injury for more than six months
    after vaccine administration, and Petitioner has averred she has not filed a civil action or
    received compensation in the form of an award or civil settlement for her injury. Id. at 4.
    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: 19-1456

Judges: Brian H. Corcoran

Filed Date: 5/19/2021

Precedential Status: Non-Precedential

Modified Date: 5/19/2021