# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0624 V UNPUBLISHED

JOSEPH DAVIS

,
Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: July 16, 2020

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

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA , for petitioner.

Adriana Ruth Teitel

, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

On May 2, 2018

, Joseph Davis 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 he suffered a right shoulder in jury related to vaccine ad minist ration ( “ SIRVA ” ) as a result of an influenza ( “ flu ” ) vaccine received on September 26, 2016 . Petition at 1 ; Stipulation

, fil ed at July 15, 2020

, ¶¶ 2

- 4

. Petitioner further alleges that the vaccine was administered in the United States, that he experienced the residual effects of his injury for mor e than si x months, and that there has been no prior award or settlement of a civil action for damages as a result of his condition . Petit ion at 1, 3 ; Stipulation at ¶¶ 3

- 5

. “Respondent denies that petitioner sustained a SIRVA Table i njury and denies that petitioner ’ s allege d shoulder injury and its resi dual effects were caused

- in

- fact by his flu vaccine. Respondent further denies that the flu vaccine caused petitioner any other injury or his curre nt condition. ” Stipulation at ¶ 6.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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 unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I 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 pe rtinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

Nevertheless, o n July 15, 2020

, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein.

Pursuant to the term s stated in the attached Stipulation

, I award the following compensation:

A lump sum of $ 42,500.00 in the form of a check payable to P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that wo uld be available under Section 15 (a). Id

.

I approve the requested amount for P etitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix 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 can be expedited by the parties’ joint filing of notice renouncing the right to seek review.

### IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

JOSEPH DA VIS,

Petitioner,



### v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. No. 18-624V Chief Special Master Corcoran (SPU) ECF

STIPULATION

The parties hereby stipulate to the following matters :

1. Petitioner Joseph Davis ("petitioner") filed a petition for vaccine compensation under

the National Vaccine Injury Compensation Program, 42 U.S.C

. § 300aa-10 to 34 (the "Vaccine

Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt

of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the

"Table")

, 42 C.F.R. § 100.3(a).

2. Petitioner received his flu immunization on September 26, 2016

.

3. The vaccine was administered within the United States.

4. Petitioner alleges that he suffered a shoulder injury related to vaccine administration

("SIRVA") within the time period set forth in the Table, that his alleged shoulder condition is

actually caused by the vaccine, and further alleges that he experienced the residual effects of his

injury for more than six months

.

5. Petitioner represents that there has been no prior award or settlement of a civil action

for damages as a result of his condition.