Adams v. Secretary of Health and Human Services
16-135
Fed. Cl.Nov 2, 2016Background
- Petitioner Sheila Adams filed a Vaccine Act petition alleging brachial neuritis, adhesive capsulitis, and left scapular dyskinesis after a Tdap vaccination on February 2, 2014.
- Case assigned to the Office of Special Masters Special Processing Unit (SPU).
- Respondent filed a Rule 4(c) report conceding entitlement to compensation for a shoulder injury related to vaccine administration (SIRVA).
- Respondent concluded the record supports SIRVA but does not support a diagnosis of brachial neuritis; concession limited to SIRVA and related sequelae.
- Respondent stated petitioner suffered residual effects for more than six months, satisfying the Act’s injury-duration requirement.
- Chief Special Master Nora Beth Dorsey adopted respondent’s concession and found petitioner entitled to compensation for SIRVA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to compensation under the Vaccine Act for post-vaccination injury | Adams alleged brachial neuritis with adhesive capsulitis and scapular dyskinesis caused by Tdap | Respondent conceded entitlement but limited to SIRVA, arguing medical records do not support brachial neuritis | Petition granted: petitioner entitled to compensation for SIRVA (concession adopted) |
| Scope of compensable injury | Petitioner sought compensation for the full set of alleged diagnoses and sequelae | Respondent limited compensable injury to SIRVA and its sequelae only | Only SIRVA and related sequelae are compensable; other diagnoses not conceded |
| Whether injury persisted more than six months (residual effects requirement) | Implicitly argued persistence of symptoms beyond six months | Respondent represented record shows residual effects >6 months | Held satisfied; entitlement threshold met |
| Need for further factual development or hearing | N/A (no dispute after concession) | No contest; concession resolved liability | No further factual development or hearing required for entitlement determination |
Key Cases Cited
- No reported cases with official reporter citations were cited in the decision.
