Belair v. Secretary of Health and Human Services
15-1503
| Fed. Cl. | Apr 7, 2017Background
- Petitioner Ronald Belair filed a Vaccine Act petition alleging left shoulder pain after an influenza vaccination on November 5, 2014.
- Petitioner alleged the injury was a SIRVA (Shoulder Injury Related to Vaccine Administration) and that residual effects persisted for more than six months.
- The case was assigned to the Office of Special Masters Special Processing Unit.
- Respondent filed a Rule 4(c) report conceding entitlement, concluding the alleged injury was consistent with SIRVA and that statutory prerequisites (including the six‑month durational requirement) were met.
- The Chief Special Master accepted respondent’s concession and ruled that petitioner is entitled to compensation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to compensation for alleged vaccine‑caused shoulder injury (SIRVA) | Belair contends his left shoulder pain was caused by the Nov. 5, 2014 influenza vaccine and persisted >6 months. | Government conceded that the alleged injury is consistent with SIRVA and that legal prerequisites are satisfied. | Court accepted concession and found petitioner entitled to compensation. |
Key Cases Cited
- None (opinion did not rely on or cite published case law).