Coutu v. Secretary of Health and Human Services ( 2020 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0548V
UNPUBLISHED
DEBORAH COUTU, Chief Special Master Corcoran
Petitioner, Filed: June 18, 2020
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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 15, 2019, Deborah Coutu 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 that she suffered a Shoulder Injury Related to
Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered
to her on February 8, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 17, 2020, 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
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Because this unpublished ruling contains a reasoned explanation for the action in this case, I am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).
at 1. Specifically, Respondent states that “Petitioner suffered SIRVA as defined by the
Vaccine Injury Table. Specifically, Petitioner had no recent history of pain, inflammation,
or dysfunction of her right shoulder that would explain the alleged signs, symptoms,
examination findings and/or diagnostic studies occurring after vaccine injection; the
onset of pain occurred within forty-eight hours after receipt of an intramuscular
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 right
shoulder pain.” Id. at 5. 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