# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1008V

(Not to be published)

* * * * * * * * * * * * * * * * * * * * * * * * *

MIGUEL LEAL, JR., *

* Filed: February 2 , 2021

Petitioner, *

*

v. *

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES, *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * *

Jeffrey S. Pop, Jeffrey S. Pop & Associates , Beverly Hills, CA, for Petitioner.

Mollie Danielle Gorney

, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On July 26, 2017 Miguel Leal filed a petition seeking compensation under the National

Vaccine Injury Compensation Program. 2 ( ECF No. 1 )

. Petitioner alleged that he suffer ed from a

shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving a n influenza

vaccine administered on September 21, 2016. Id. at 2

- 3. Moreover, Petitioner allege d that he

experienced residual e ffects of this injury for more than six months.

1 Although not formally designated for publication, this Decision will be posted on the United States Court of Federal

Claims website in accordance with the E

- Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision

will be available to anyon e with access to the internet . As provided by 42 U.S.C. § 300aa

- 12(d)(4)(B), however,

the parties may object to the published Decision’s inclusion of certain kinds of confidential information. Specifically,

under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or

confidential; or (2) that includes medical files or similar files, the disclosure o f which would constitute a clearly

unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public

in its current form. Id.

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660,

100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa

- 10 through 34 (20 12) (“Vaccine Act” or “the Act”)

. Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix)

.2 Respondent denie s that Petitioner suffered a SIRVA table injury. (ECF No. 26 ). Petitioner

submitted two expert reports in support of his claim and Respondent submitted one expert report.

(ECF Nos. 14, 24, 37

- 1). Attempts to settle the case failed, so a n entitlement hearing was held on

September 22, 2020. The parties the reafter agreed to re

- engage in settlement negotiations

.

On February 2, 2021 , the parties filed a stipula tion maintaining their positions but agreeing

that the issues before them can be settled, and that a decision should be entered awarding Petitioner

compensation. (ECF No. 68). I have reviewed the file, and b ased upon that review, I conclude that

the partie s’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in

awarding damages on the terms set forth therein.

The stipulation awards :

• A lump sum payment of $ 50 ,000.00, in the form of a check payable to Petitioner Miguel

Leal

. This amount represents compensation for all elements of compensation under

Vaccine Act Section 15(a) to which Petitioner is entitled.

I approve a Vaccine Program award in the requested amount set forth above to be made to

Petitioner. In the absence of a motion for review filed pursuant to RCF C Appendix B, the clerk of

the C ourt is directed to enter judgment herewith. 3

IT IS SO ORDERED.

/s/ Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 Pu rsuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)

a notice renouncing their right to seek review.