Skeens v. Secretary of Health and Human Services
16-423
Fed. Cl.Aug 5, 2016Background
- Petitioner Alexandria Skeens filed a petition under the National Vaccine Injury Compensation Program alleging SIRVA after an influenza vaccination on October 15, 2014.
- Petitioner alleges residual effects lasting more than six months and that no civil suit or settlement exists.
- The matter was assigned to the Special Processing Unit of the Office of Special Masters.
- Respondent filed a Rule 4(c) report conceding entitlement, concluding the injury is consistent with SIRVA and compensation is appropriate.
- Respondent stated petitioner met statutory requirements: >6 months of symptoms, no alternative cause, and satisfaction of legal prerequisites under the Vaccine Act.
- Chief Special Master Nora Beth Dorsey accepted respondent’s concession and found petitioner entitled to compensation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to compensation for SIRVA after influenza vaccination | Skeens: vaccination caused SIRVA with >6 months residual effects and no alternative cause | Gov't: concedes entitlement; injury is consistent with SIRVA and statutory prerequisites are met | Entitlement granted based on respondent’s concession and the record |
| Satisfaction of statutory prerequisites under the Vaccine Act | Skeens: meets duration, causation, and procedural requirements | Gov't: concurs that statutory prerequisites are satisfied | Court finds statutory requirements satisfied and awards entitlement |
Key Cases Cited
- None (No officially reported cases cited in this unpublished ruling)
