# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-7V Filed: February 2, 2017

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * DEBORAH VALLES, *

* Petitioner, * Joint Stipulation on Damages; v. * Measles, Mumps, Rubella Vaccination * (“MMR”); Arthralgia; Myalgia; Myositis; SECRETARY OF HEALTH * Muscle Weakness; Bilateral Bursitis; AND HUMAN SERVICES, * Numbness; Tingling; Pain;

* Special Processing Unit (“SPU”) Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Mark Theodore Sadaka, Mark T. Sadaka, LLC, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washingt on, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On January 5, 2015, petit ioner filed a petition fo r compensation under the National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she suffered arthralgia, myalgia, myositis, muscle weakness, bilateral bursitis in both knees, numbness, tingling and pain as a result of her August 8, 2012 measles, mumps, and rubella (“MMR”) vaccination. Petition at 1; Stipulation, filed January 31, 2017, at ¶¶ 2, 4. Petitioner further alleges that she
received her vaccination in the United States , and that she suffered the sequela of her injury for more than six months. Petition at ¶¶ 2, 5; Stipulation at ¶ 3. Petitioner additionally represents t hat there has been no previous awar d received, or settlement of a civil action for damages on her behalf as a resu lt of her injury. St ipulation at ¶ 5. “Respondent denies that the MMR vaccine caus ed petitioner to suffe r from her alleged arthralgia, myalgia, myositis, muscle weakness, bilateral bursitis in both knees, and

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned 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 pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 numbness, tingling, and pain or any other injury or her current condition.” Stipulation at ¶ 6.

Nevertheless, on January 31, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compens ation. 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 stipulate that petitioner s hall receive the following compensation:

A lump sum of $20,000.00 in the form of a check payable to petitioner

. Stipulation at ¶ 8. Th is amount represents compens ation for all items of damages that would be availabl e under 42 U.S.C. § 300aa-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.