Hall v. Secretary of Health and Human Services, 16-1654

Petitioner Kerri Hall filed a Vaccine Act petition alleging a left-shoulder SIRVA caused by an influenza vaccination on December 1, 2014.
Petitioner asserted residual effects lasting more than six months and that no civil action or prior compensation had been sought.
Case assigned to the Office of Special Masters’ Special Processing Unit.
Respondent filed a Rule 4(c) report conceding entitlement, stating the record supports that petitioner suffered SIRVA caused-in-fact by the December 1, 2014 flu vaccine.
Respondent concluded petitioner satisfied all legal prerequisites for compensation under the Vaccine Act.
Chief Special Master Nora Beth Dorsey entered a ruling finding petitioner entitled to compensation based on respondent’s concession and the record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to compensation for SIRVA after flu vaccination	Hall alleged left-shoulder SIRVA caused by Dec. 1, 2014 influenza vaccine and met statutory prerequisites	Respondent conceded the injury was consistent with SIRVA and caused-in-fact by the vaccine; petitioner met legal prerequisites	Petitioner entitled to compensation; concession accepted and ruling for entitlement entered