# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16 -1170V

Filed: October 30, 2017

UNPUBLISHED

NANCY WEBB

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Joint

Stipulation on Damages; Influenza

(Flu) Vaccine; Shoulder Injury

Related to Vaccine Administration

(SIRVA)

Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.

Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1



### Dorsey

, Chief Special Master:

On September 20, 2016

, petitioner 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 she suffered shoulder injury related to vaccine

administration (SIRVA) as a result of the influenza vaccination she received on

November 2, 2013. Petition at 1-2; Stipulation, filed October 30, 2017, at ¶ 2, 4.

Petitioner further alleges that suffered the residual effects of her shoulder injury for more

than six months. Petition at 3 ; Stipulation at ¶¶ 4. “ Respondent denies that the flu

vaccine caused petitioner to suffer SIRVA or any other injury or her current condition ”

Stipulation at ¶ 6.

Nevertheless, o n October 30, 2017, the parties filed the attached joint stipulation,

stating that a decision should be entered awarding compensation. The undersigned

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 information, the disclosure of which would constitute an

unwarranted invasion of privacy. If, upon review, the 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 subpara graph of 42 U.S.C. §

300aa (2012 ).2



### 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 of $20,000.00 in the form of a check payable to petitioner

. Stipulation at ¶ 8a. This amount represents compensation for all items of

damages that would be available under 42 U.S.C. § 300aa-15(a). and

b. A lump sum payment of $72.00 representing compensation for

satisfaction of the North Carolina Department of Health and Human

Se rvices Medicaid lien, in the fo rm of a check payable jointly to

petitioner and

Division of Medical Assistance

Office of the Controller

2022 Mail Service Center

Raleigh, NC 27699-2022

Case No.: 260251

Petitioner agrees to endorse this payment to the Division of Medical

Assistance. Id. at ¶ 8 b.

The undersigned approves the requested amount for petitioner’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/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice

renouncing the right to seek review.