# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17-884V Filed: August 10, 2018

UNPUBLISHED

MARTHA TAPIA,

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)

Jeffrey S. Pop, Jeffrey S. Pop & Asso ciates, Beverly Hills, CA, for petitioner. Adriana Ruth Teitel, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On June 28, 2017, petitioner filed a petit ion for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she suffe red a shoulder injury related to vaccine administration (“SIRVA”) as a consequence of a Tetanus0diphtheria-acellular pertussis (“Tdap”) vaccination administered on April 18, 2016. 3 Petition at 1; Stipulation, filed August 9, 2018, at ¶ 1. Petitioner further a lleges that the vaccinat ion was administered within the United States, that she experienced t he residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of her condition. Petition at 1; Stipulation at ¶¶ 3-5.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).

3 Petitioner also received a varicella and MMR vaccine on April 18, 2016, but has alleged no injury related

to the administration of those vaccinations.2 “Respondent denies that the Tdap, varicella , or MMR vaccine caused petitioner’s SIRVA or any other injury or her curr ent condition.” Stipul ation at ¶ 6.

Nevertheless, on August 9, 2018, the parties filed the attached joint stipulation, stating that a decision s hould 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.

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

awards the following compensation:

A. A lump sum payment of $111.11, representing compensation for full

satisfaction of the State of Californ ia Medicaid lien, in the form of a check payable jointly to petitioner and

Department of Health Care Services Recovery Branch – MS 4720

P.O. Box 997421 Sacramento, CA 95899-7421

DHCS Case No. C94767219A-VAC02

Petitioner agrees to endorse this che ck to the Department of Health Care Services; and

B. A lump sum of $45,000.00 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. 4

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

4 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.