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Adams v. Secretary of Health and Human Services
16-135
Fed. Cl.
Nov 2, 2016
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Background

  • 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.
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Case Details

Case Name: Adams v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Nov 2, 2016
Docket Number: 16-135
Court Abbreviation: Fed. Cl.