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

NAOMI ENGEL, * UNPUBLISHED

*

Petitioner, * No. 16-1145V

*

v. * Special Master Gowen

* 

SECRETARY OF HEALTH * Stipulation for Award;

AND HUMAN SERVICES, * Influenza (“flu”) vaccine;

* SIRVA.

*

Respondent. *

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

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

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

DECISION FOR STIPULATION1

On September 15, 2016, Naomi Engel (“petitioner”), filed a petition for compensation 

under the National Vaccine Injury Program.2 Petition at Preamble (ECF No. 1). Petitioner 

received an influenza vaccine on September 22, 2013. Id. at Preamble; Stipulation for Award 

(ECF No. 130). Petitioner alleges that as a result of receiving the flu vaccine, she sustained a left 

shoulder injury that was caused by the vaccine. Stipulation at ¶ 4. 

On October 5, 2021, respondent filed a stipulation providing that a decision should be 

entered awarding compensation to petitioner. Respondent denies that the flu vaccine is the cause 

of petitioner’s alleged injuries, or any other injury or her current condition. Id. at ¶ 6. 

Nevertheless, maintaining their respective positions, the parties now agree that the issues 

1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a 

reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of

Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the 

opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s 

website, each party has 14 days to file a motion requesting 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 of which would constitute a clearly unwarranted invasion of

privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the

decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the

court’s website without any changes. Id.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine 

Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) 

(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 

300aa. 

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: October 5, 2021 
between them shall be settled and that a decision should be entered awarding the compensation 

to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 

7. 

The stipulation provides: 

1) A lump sum of $12,500.00 in the form of a check payable to petitioner. This 

amount represents compensation for all damages that would be available under 

42 U.S.C. § 300aa-15(a). 

I adopt the parties’ stipulation attached hereto, and award compensation in the amount 

and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in 

accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. 

 s/Thomas L. Gowen 

 Thomas L. Gowen 

 Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 

11(a).

Case 1:16-vv-01145-UNJ Document 131 Filed 10/05/21 Page 2 of 2