SWANICK v. SECRETARY OF HEALTH AND HUMAN SERVICES
REBECCA SWANICK on behalf of J.S. Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.
United States Court of Federal Claims.
August 31, 2016.
Nature of Suit: 449 Injury – Hepatitis A
Attorney(s) appearing for the Case
REBECCA SWANICK, Petitioner, represented by Brian S. McCormick, Orlando & Associates.
SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent, represented by Michael Patrick Milmoe, U. S. Department of Justice.
RULING ON ENTITLEMENT1
THOMAS L. GOWEN, Special Master.
On September 28, 2015, Rebecca Swanick (“petitioner”) filed a petition on behalf of her minor child, J.S., for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act” or “Program”). The petition alleges that J.S. suffered a syncopal episode resulting in a fractured jaw and broken teeth, as a result of the administration of Flumist, Hepatitis A, Tetanus-Diphtheria-acellular-Pertussis, and Menactra vaccines on October 15, 2012. Petition at Preamble, ¶ 2, filed Sept. 28, 2015.
On August 31, 2016, respondent filed a Rule 4(c) report (“Respondent’s Report”), in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Report at 1. Specifically, respondent “believes that J.S.’s syncopal event is related to the administration of one or more of the vaccines she received on October 15, 2012.”Id. at 3; see 42 U.S.C. §300aa-13(a)(1)(B). She adds that, “based on the medical records . . . J.S. suffered the residual effects of her condition for more than six months,” and therefore, “petitioner has satisfied all legal prerequisites for compensation under the Act.” Respondent’s Report at 3; see§300aa-11(c)(D)(ii).
In view of respondent’s concession, and the evidence before me, I find entitlement to compensation under the Vaccine Act. See 42 C.F.R. § 100.3(a), (b)(2). A separate decision on damages will issue.