# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1407 V

Filed: October 11, 2016

UNPUBLISHED

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

ISABELLE COWANS

, *

*

Petitioner, * Joint Stipulation on Damages ;

v. * Influenza ;

* Shoulder Injury; SIRVA ;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, *

*

Respondent. *

*

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

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

, f or petitioner.

Claudia Barnes Gangi , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Dorsey

, Chief Special Master:

On November 19, 2015

, p etitioner 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 a shoulder injury related to vaccine

administration ( “ SIRVA ” ) following her October 10, 201 4 influenza vaccination

. Petition

at 2

- 3 ; Stipulation , filed October 7, 2016

, at ¶ 4

. Petitioner further alleges t hat she

experienced residual effects of her injury for more than six months and that there has

been no prior award or settlement of a civil action f or damages on her behalf as a result

o f her condition . Petit ion at 3 ; Stipulation at ¶¶ 4

- 5

. “ Respondent denies that the flu

vaccine caused petitioner ’ s alleged SIRVA, any other injury, or her current disabilities. ”

Stipulation at ¶ 6.

Nevertheless, o n October 7, 2016 , 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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.

The parties stipulate that petitioner shall receive the following compensation:

• A lump sum of $ 3 5,000.00 in the form of a check payable to

petitioner ; and

• A lump sum of $ 3 14.70 , which amount represents reimbursement of

a lien for services rendered on behalf of petitioner , in the form of a

check payable jointly to petitioner and

Illinois Department of Healthcare and Family Services

Bureau of Collections

Technical Recovery Section

401 S. Clinton, 5 th Floor

Chicago, Illinois 60607

- 3800

Case No.: 93

- 226

- 0000F38303

Stipulation at ¶ 8

.

Petitioner agrees to endorse this check to the State of I llinois . These amount s

represents compensation for all items of damages that would be available 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 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 no tice

renouncing the right to seek review.