In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-833V

Filed: March 27, 2015

Unpublished

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

PATRICIA JACOBS, *

*

Petitioner, * Joint Stipulation on Damages;

* Influenza (Flu) Vaccine;

* Tetanus-Diphtheria (Td) Vaccine; 

SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine

AND HUMAN SERVICES, * Administration; SIRVA; Special 

* Processing Unit

Respondent. *

*

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

Maximillian Muller, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.

Alexis Babcock, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Vowell, Chief Special Master:

On September 8, 2014, Patricia Jacobs filed a petition for compensation under 

the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,

2

[the 

“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder injury 

resulting from the tetanus vaccine she received on June 13, 2013 and the influenza

vaccine she received on November 5, 2013. Petition at 1; Stipulation, filed Mar. 26, 

2015, ¶¶ 1-2, 4. Petitioner further alleges that she received these vaccines in the 

United States, experienced the residual effects of the shoulder injury for more than six 

months, has filed no other action for this injury, and has received no prior award or 

settlement. Petition, ¶¶ 2, 11-13; Stipulation, ¶¶ 3-5. Respondent denies that these 

vaccines caused petitioner’s shoulder injury or any other injury. Stipulation, ¶ 6.

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post it on the United States Court of Federal Claims' website, in accordance with the E-Government 

Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 

note (2006)). 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, I agree that the identified material fits within this definition, I 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 (2006).
2

Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On 

March 26, 2015, the parties filed a joint stipulation agreeing to settle this case and 

describing the settlement terms. 

Respondent agrees to pay petitioner a lump sum of $60,000.00 in the form of a 

check payable to petitioner. Stipulation, ¶ 8. This amount represents compensation for 

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

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

amount and on the terms set forth therein. 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

s/Denise K. Vowell

Denise K. Vowell

Chief Special Master

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing 

the right to seek review by a United States Court of Federal Claims judge.
Case 1:14-vv-00833-UNJ Document 14 Filed 03/26/15 Page 1 of 5
Case 1:14-vv-00833-UNJ Document 14 Filed 03/26/15 Page 2 of 5
Case 1:14-vv-00833-UNJ Document 14 Filed 03/26/15 Page 3 of 5
Case 1:14-vv-00833-UNJ Document 14 Filed 03/26/15 Page 4 of 5
Case 1:14-vv-00833-UNJ Document 14 Filed 03/26/15 Page 5 of 5