Staak, Jr. v. Secretary of Health and Human Services
16-1061
| Fed. Cl. | Sep 19, 2017Background
- Petitioner William Staak, Jr. filed a petition under the National Vaccine Injury Compensation Program alleging he developed severe left shoulder pain within two hours of receiving an influenza vaccination on September 29, 2015.
- Petitioner alleged the injury was a Shoulder Injury Related to Vaccine Administration (SIRVA) and that residual effects persisted 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, concluding petitioner’s injury is consistent with SIRVA and was caused in fact by the flu vaccine.
- Based on respondent’s concession and the record, Chief Special Master Nora Beth Dorsey ruled that petitioner is entitled to compensation and ordered entitlement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner’s shoulder injury was caused by the Sept. 29, 2015 flu vaccine | Staak: onset within two hours; symptoms consistent with SIRVA; residual effects >6 months | Respondent conceded causation and entitlement (SIRVA caused by flu vaccine) | Entitlement granted — petitioner is entitled to compensation |
| Whether statutory prerequisites for compensation were satisfied | Staak: alleges injury in U.S., residual effects >6 months, no prior civil action or compensation | Respondent: based on record, agrees prerequisites are met | Court found statutory prerequisites satisfied |
Key Cases Cited
- None — the decision rests on respondent’s concession and the administrative record rather than on cited published case law.