# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1482 V

UNPUBLISHED

MARY RIVIERE

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 8, 2019

Special Processing Unit (SPU) ;
Rul ing on Entitlement; Concession;

Causation

- In

- Fact; Pneumococcal Conjugate Vaccine; Cellulitis

Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA , for petitioner.

Mark Kim Hellie, U .S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On September 26, 2018

, Mary Riviere 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 cellulitis , sepsis injuries and left

extrem ity injuries caused in fact by the administration of the p neumococcal conjugate

vaccine she received on November 3, 2016

. Petit ion at 1, ¶¶ 2, 14

. Petitioner further alleges that she received the influenza vaccination in the United States, that she suffered the residual effects of her injuries for more than six months, and that neither she nor any other party has filed a civil action or received comp ensation for her injuries, alleged as vaccine caused

. Petit ion at ¶¶ 2, 14

- 16

. The case was assigned to the Special Processing Unit of the Office of Special Masters.

1 I intend to post this decision on the United States Court of Federal Claims' website. This means the decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), p etitioner has 14 days to identify and move to reda ct 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. Because this u npublished decision 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 Manageme nt and Promotion of Electronic Government Services)

.

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 subpara graph of 42 U.S.C. § 300aa (2012 ).2

On November 8, 2019

, R espondent filed his Rule 4(c) report in which he

concedes that P etitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report at 1. Specifically, R espondent “ [has] c oncluded that a pre ponderance of the

medical evidence establishes that petitioner ’ s left upper extremity cellulitis was ca used

in

- fact by the pneumococcal vaccine she received on Novem ber 3, 2016. ” Id. at 4

. Respondent further agrees that “ based on the record as it now stands, petitioner has

satisfied all legal prerequisites for compensation under the Vaccine Act. ” Id.

In view of R espondent’s position and the evidence of record, I find that

P etitioner is entitle d to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran
Chief Special Master