# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 0375 V

Filed: July 8 , 2015

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

JENNIFER REID

, *

*

Petitioner, * Ruling on Entitlement; Concession;

v. * Measles, Mumps, and Rubella ( “ MMR ” )

* Vaccine; Tetanus, Diphtheria,

SECRETARY OF HEALTH * acellular Pertussis ( “ Tdap ” ) Vaccine;

AND HUMAN SERVICES, * Hepatitis A Vaccin e; Hepatitis B

* Vaccine; Shoulder Injur y Related to

Respondent. * Vaccine Administration ( “ SIRVA ” ) ;

* Special Processing Unit ( “ SPU ” )

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Paul Brazil, Esq., Muller Brazil, LLP , Philadelphia, PA

, for petitioner.

Lynn Ricciardella , Esq., U.S. Department of Justice, Washington, DC for respondent.

RULING ON ENTITLEMENT 1

Vowell

, Chief Special Master:

On April 13 , 2015, Jennifer Reid filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 [ the

“Vaccine Act” or “Program”]. Peti tioner alleges that s he suffered subacromi al

impingement, adhesive capsulitis, and bursitis caused in fact by the meas les, mumps,

and rubella vaccine; teta nus, diphtheria, acellular pertussis vaccine; Hepatitis A vac cine;

or Hepatitis B vaccine she received on May 5, 2014

. P etit ion at 1. Petitioner also

alleges that her injuries lasted more than six months and that she continues to suffer the

residual effects of her injury. Id.

, ¶ 13

. The case was assigned to the Special

Processing Unit of the Office of Special Masters.

On July 7 , 2015 , respondent filed her Rule 4(c) r eport in which she indicates she

“ has determined that petitioner ’ s alleged injury is consistent with a shoulder injury

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I inte nd to

post it on the United States Court of Federal Claims' website, in accordance with the E

- Government Act

of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501

note (2006)) . In accordance with Vaccine Rule 18(b), petitioner has 14 day s 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 withi n 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 ci tation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2006).2

re lated to vaccine administration, and recommends that compensation for this specific

shoulder injury be awarded in this case. ” Re spondent’s Rule 4(c) Report at 1

. Specifically, respondent agrees “ that a preponderance of evidence establishes that the

injury to petitioner’s left shoulder was caused by the administration of either the TdaP or

Hepatitis A vaccines she received on May 5, 2014, and that petitioner’s injury is not due

to factors unrelated to the administration o f those vaccines. ” Id at 3

. Furthermore,

respondent agrees that petitioner ’s injury lasted for more than six months

. Id.

In view of respondent’s concession and the evidence before me, I find that

petitioner is entitle d to compensation

.

s/Denise K. Vowe ll

Denise K. Vowell

Chief Special Master