# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-1116V Filed: November 19, 2018

UNPUBLISHED

BEVERLY TOWNE,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Joint Stipulation on Damages; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Verne E. Paradie, Jr., Pa radie, Sherman, et al., Le wiston, ME, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On September 9, 2016, Dr. Beverly To wne (“petitioner”) filed a petition for compensation under the National Vaccine Inju ry Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she suffered left shoulder injuries caused by a Tetanus Di phtheria acellular Pertussis (“Tdap”) vaccine she received on December 23, 2015. Petition at 1-2; Stipulation, filed November 19, 2018, at ¶ 4. Petitioner further alleges t hat she suffered the residual effects of her alleged injury for more than six months. Petition at 2; Stipul ation at ¶ 4. “Respondent denies that petitioner’s alleged shoulder inju ry and residual effects were caused-in-fact by the Tdap vaccine. Respondent further denies that the Tdap vaccine caused petitioner any other injury or her curr ent condition.” Stipul ation at ¶ 6.

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. This means the decision will be available 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 which would constitute an unwar ranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits wi thin this definition, the undersigned will redact such material from public access. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims'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).

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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Nevertheless, on November 19, 2018, the parties filed the attached joint stipulation, stating that a decision should be entered aw arding compensation. The undersigned finds the stipulat ion reasonable and adopt s it as the decision of the Court in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, the undersigned

awards the following compensation:

A lump sum of $70,000.00, in the fo rm of a check payable to petitioner, Beverly Towne . Stipulation at ¶ 8. This am ount represents compensation for all items of damages that would be available under § 15(a). Id

.

The undersigned approves 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 judgm ent in accordance with this decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey 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.