Davila 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. 19-1988V
    UNPUBLISHED
    ANGELICA DAVILA,                                        Chief Special Master Corcoran
    Petitioner,                         Filed: May 3, 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)
    Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
    Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent.
    RULING ON ENTITLEMENT1
    On December 30, 2019, Angelica Davila 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 shoulder injury related to vaccine
    administration (“SIRVA”) as a result of a human papillomavirus (“HPV”) vaccine
    administered on September 8, 2017. Petition at 1. The case was assigned to the Special
    Processing Unit of the Office of Special Masters.
    On April 29, 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 concludes that Petitioner has satisfied the criteria for SIRVA as
    1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required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).
    set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to
    Interpretation (“QAI”). Id. at 3.
    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: 19-1988

Judges: Brian H. Corcoran

Filed Date: 6/3/2021

Precedential Status: Non-Precedential

Modified Date: 6/4/2021