# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18-1435V

UNPUBLISHED

STACI BROADWAY,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 30, 2020

Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury

Related to Vaccine Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Wa shington, DC, for

Petitioner.

Lisa Ann Watts, U.S. Department of Just ice, Washington, DC, for Respondent.

DECISION ON J OINT STIPULATION 1

On September 20, 2018, Staci Broadway filed a petition for compensation under the National Vaccine Injury Compens ation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleges that she su ffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received to her right deltoid on October 31, 2017. Petition at 1; Stipulation, filed at November 30, 2020, ¶¶ 4, 6. Petitioner further alleges that her inju ry has lasted more than six months. Petition at 2; Stipulation at ¶¶ . “Respondent denies th at petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged SIRVA, or an y other injury; and further denies that petitioner’s current di sabilities are sequelae of a vaccine-related injury.” Stipulation at ¶ 6.

Nevertheless, on November 30, 2020, t he parties filed the attached joint stipulation, stating that a decision should be entered awarding comp ensation. I find the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be availa ble to anyone with access to the

internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of whic h would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits with in this definition, I will r edact 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).2 stipulation reasonable and adopt it as my decision awarding damages, on the terms set
forth therein.

Pursuant to the terms stated in the attached Stipulation, I award the following compensation:

A lump sum of $101,843.62, in the form of a check payable to Petitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages

that would be availabl e under Section 15(a). Id

.

I approve the requested amount for Petitioner ’s compensation. In the absence of a motion for review filed pursuant to RCFC Append ix B, the clerk of the court is directed to enter judgment in accordance with this decision. 3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.