VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00743
Package ID: USCOURTS-cofc-1_16-vv-00743
Petitioner: Helene Melancon
Filed: 2016-11-04
Decided: 2017-02-27
Vaccine: influenza
Vaccination date: 2013-10-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Helene Melancon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her October 10, 2013 influenza vaccination. The case was assigned to the Special Processing Unit. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Melancon is entitled to compensation. The respondent concluded that her left shoulder injury was consistent with SIRVA and was caused in fact by the flu vaccine. Respondent also agreed that no other causes were identified for the injury and that Ms. Melancon suffered sequelae for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found that Ms. Melancon is entitled to compensation. The case was therefore ruled as entitlement granted, pending a decision on damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00743-0
Date issued/filed: 2017-02-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/04/2016) regarding 21 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00743-UNJ Document 29 Filed 02/27/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-743V
Filed: November 4, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
HELENE MELANCON, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccination; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer & Chin-Caplan, P.C., for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 23, 2016, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of her October 10, 2013 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On November 4, 2016, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, respondent has concluded “that petitioner’s left shoulder
injury is consistent with SIRVA, and that it was caused in fact by the flu vaccine she
received on October 10, 2013.” Id. at 3. Respondent further agrees that no other
causes have been identified for petitioner’s injury and “records show that she suffered
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00743-UNJ Document 29 Filed 02/27/17 Page 2 of 2
the sequela of her injury for more than six months.” Id. 3-4. Accordingly, respondent
states that “petitioner has met the statutory requirements for entitlement to
compensation.” Id. at 4.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2