History
  • No items yet
midpage
Skeens v. Secretary of Health and Human Services
16-423
Fed. Cl.
Aug 5, 2016
Read the full case

Background

  • 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  • None (No officially reported cases cited in this unpublished ruling)
Read the full case

Case Details

Case Name: Skeens v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Aug 5, 2016
Docket Number: 16-423
Court Abbreviation: Fed. Cl.