# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 0116 V

UNPUBLISHED

JAMES D. DAUGHTERY

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 9, 2020

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

Related to Vaccine Administratio n (SIRVA)

John Judson Patterson

, Luxon, Patterson & Hi mes, PLLC

, Richmond

, KY , for petitioner.

Colleen Clemons Hartley , U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

On January 22, 2019

, James D. Daughtery 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 shoulder injury related to vaccine administration ( “ SIRVA ” ) as a result of an infl uenza ( “ flu ” ) vaccine administered on November 2, 2017 . Petition at 1

- 2 ; Stipulation

, fil ed on September 9, 2020

, at ¶¶ 2, 4

. Petitioner further alleges that he received the vaccine in the Un ited States, that he

exper ienced the residual effects of his injury for more than six months, and that there has been no prior award or settlem ent of a civil action for damages as a result of his alleged

condition

. Stipulation at ¶¶ 3

- 5

. “Respondent denies that [P]etitioner sust ained a Shoulder Injury Related to Vaccine Administration ( “ SIRVA ” ); denies that the vaccine caused [P]etitioner ’ s alleged shoulder injur ies, or any othe r injury; and denies that his current

condition is a s equelae of a vaccine

- related injury. ” 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 w hich 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

- 6 60, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

Nevertheless, o n September 9, 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 $ 45,000.00 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 filin g of notice renouncing the right to seek review.