Manus 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. 19-1753V
    UNPUBLISHED
    JASON MANUS,                                            Chief Special Master Corcoran
    Petitioner,                         Filed: April 29, 2021
    v.
    Special Processing Unit (SPU);
    SECRETARY OF HEALTH AND                                 Ruling on Entitlement; Concession;
    HUMAN SERVICES,                                         Table Injury; Human Papillomavirus
    (HPV) Vaccine; Shoulder Injury
    Respondent.                          Related to Vaccine Administration
    (SIRVA)
    Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
    Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
    RULING ON ENTITLEMENT 1
    On November 13, 2019, Jason Manus 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 right shoulder injury related to vaccine
    administration (SIRVA) resulting from a human papillomavirus vaccination administered
    on January 24, 2019. Petition at Preamble. The case was assigned to the Special
    Processing Unit of the Office of Special Masters.
    On April 28, 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, Petitioner had no history of pain, inflammation, or dysfunction of his shoulder;
    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    Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required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).
    medical records document that the shoulder pain occurred within 48 hours of vaccination;
    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 shoulder pain. Id. at 4.
    Respondent further agrees that Petitioner suffered the residual effects of the 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: 19-1753

Judges: Brian H. Corcoran

Filed Date: 6/3/2021

Precedential Status: Non-Precedential

Modified Date: 6/4/2021