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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 11-626V Filed: September 23, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED DIANE M. JAMES, * * Special Master Dorsey Petitioner, * * Joint Stipulation on Damages; v. * Trivalent Influenza (Flu) Vaccine; * Myalgia, Arthralgia, Fibromyalgia.

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * Ramon Rodriguez, III, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner. Debra A. Filteau Begley, United States Departme nt of Justice, Washi ngton, DC, for respondent.

DECISION 1

On September 30, 2011, Diane M. James (“petiti oner”) filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleges that she suffered permanent myalgi a, arthralgia, and/or fi bromyalgia that were caused in fact by the trivalent influenza (“flu”) vaccine administered to her on October 1, 2008.

See Petition at 1. In the alternative, peti tioner has proposed a signifi cant aggravation claim. Petitioner further alleges that sh e has experienced the residual effects of these injuries for more

than six months.

On September 23, 2014, the partie s filed a stipulation, stating that a decision should be

1 Because this decision contains a reasoned explan ation for the undersigned’s action in this case, the undersigned intends to post th is ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is priv ileged or confidential; or (2) that includes medical files or similar files, the

disclosure of which would const itute a clearly unwarra nted invasion of privacy.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Prog ram is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. N o. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2 entered awarding compensation.

Respondent denies that petiti oner’s alleged myalgia, arthralg ia, and/or fibromyalgia, or any other condition, was caused in fact or signi ficantly aggravated by her flu vaccination. Nevertheless, the parties agree to the joint stip ulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulated that petitioner shall receive the following compensation:

A lump sum of $90,000.00, in the form of a check payable to petitioner. This amount represents compensation for all damages th at would be available under 42 U.S.C. § 300aa-15(a).

Stipulation ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with th e stipulation.

In the absence of a motion for review file d pursuant to RCFC Appendix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Nora Beth Dorsey Nora Beth Dorsey Special Master

3 Pursuant to Vaccine Rule 11(a) , entry of judgment is expedite d by the parties’ joint filing of notice renouncing the ri ght to seek review.