Dix v. Secretary of Health and Human Services
16-1574
| Fed. Cl. | Dec 14, 2017Background
- Petitioner Donald D. Dix filed a Vaccine Act petition on November 28, 2016, alleging a shoulder injury related to vaccine administration (SIRVA) after a flu shot received September 29, 2015.
- The case was assigned to the Office of Special Masters’ Special Processing Unit (SPU).
- Respondent filed a Rule 4(c) Report (May 16, 2017) conceding that petitioner suffered a non‑Table left‑side adhesive capsulitis causally related to the September 29, 2015 influenza vaccination.
- The concession was based on the opinion of medical personnel at the Division of Injury Compensation Programs (DICP).
- Respondent identified no alternative causes for the adhesive capsulitis and concluded the condition persisted for more than six months, satisfying the statutory durational requirement.
- Chief Special Master Nora Beth Dorsey adopted respondent’s concession and found petitioner entitled to compensation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to compensation for SIRVA (causation) | Dix: left shoulder adhesive capsulitis was caused by the Sept. 29, 2015 flu vaccine | HHS: conceded causation based on DICP medical review | Entitlement granted; causation conceded and accepted |
| Injury classification (Table vs. non‑Table) | Dix: alleged SIRVA resulting in adhesive capsulitis | HHS: characterized injury as a non‑Table left adhesive capsulitis causally related to vaccination | Found to be a non‑Table injury but compensable |
| Statutory durational requirement (>6 months) | Dix: condition persisted beyond six months | HHS: conceded the condition met the >6 months requirement | Requirement satisfied |
| Alternative causes | Dix: no competing cause alleged | HHS/DICP: identified no other causes in the record | No alternative causes found; supports entitlement |
Key Cases Cited
None cited in the opinion.