Freedman v. Secretary of Health and Human Services
16-1357
| Fed. Cl. | Oct 27, 2017Background
- Petitioner Douglas A. Freedman filed a Vaccine Act petition alleging shoulder pain and restricted range of motion (SIRVA) after an influenza vaccination on October 23, 2013.
- Petitioner asserted the vaccination caused his injury, met the Program's jurisdictional requirements, and had residual effects for more than six months.
- The case was assigned to the Office of Special Masters Special Processing Unit (SPU).
- Respondent filed a Rule 4(c) report conceding entitlement, explicitly stating petitioner’s SIRVA was more likely than not caused by the October 23, 2013 flu vaccination.
- Respondent further indicated that, based on the record, petitioner satisfied all legal prerequisites for compensation under the Vaccine Act.
- The Chief Special Master accepted respondent’s concession and found petitioner entitled to compensation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to compensation under the Vaccine Act | Freedman argues his post-vaccination shoulder injury (SIRVA) was caused by the Oct. 23, 2013 flu shot and meets Program requirements | Government concedes petitioner’s SIRVA was more likely than not caused by the vaccination and that legal prerequisites are satisfied | Petitioner is entitled to compensation (concession accepted) |
| Causation (SIRVA caused by vaccine) | Vaccination caused petitioner’s shoulder injury and limited motion | Respondent agrees causation is more likely than not due to the vaccination | Causation found in petitioner’s favor by concession |
| Procedural sufficiency (prerequisites for recovery) | Petitioner contends he meets filing, jurisdiction, and residual effects requirements | Respondent concedes prerequisites are satisfied on the present record | Court finds legal prerequisites satisfied |
Key Cases Cited
No reported cases with official reporter citations are cited in this ruling.