McLeod v. Secretary of Health and Human Services, 16-1239

Petitioner Suzette McLeod filed a petition under the National Vaccine Injury Compensation Program alleging right shoulder/arm pain after a trivalent influenza vaccination administered at work on November 20, 2015.
Petitioner alleged residual effects lasting more than six months and that no other party had filed suit or received compensation for the claimed injury.
The matter was assigned to the Special Processing Unit of the Office of Special Masters.
Respondent filed a Rule 4(c) report conceding entitlement, stating the injury is consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the flu vaccine.
Respondent also stated petitioner satisfied all legal prerequisites for compensation under the Vaccine Act.
The Chief Special Master accepted respondent’s concession and ruled that petitioner is entitled to compensation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to compensation under the Vaccine Act based on alleged SIRVA	McLeod contended her right shoulder/arm pain was caused by the November 20, 2015 flu vaccine and she met statutory prerequisites for compensation	HHS conceded that the alleged injury is consistent with SIRVA, was caused-in-fact by the vaccine, and that statutory prerequisites were met	Court accepted respondent’s concession and found petitioner entitled to compensation
Procedural sufficiency of record for ruling on entitlement	Petitioner relied on her petition and supporting medical facts alleging causation and six-month residual effects	Respondent’s Rule 4(c) concession confirmed causation and sufficiency; no further dispute presented	Court ruled on entitlement without need for further litigation given the concession