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UNPUBLISHED 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 STIPULATION1

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, on 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 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 subparagraph 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 

Services Medicaid lien, in the form 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 ¶ 8b.

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.