# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 833 V

Filed: March 27 , 2015

Unpublished

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

PATRICIA JACOB S

, *

*

Petitioner, * Joint Stipulation on Damages ;

* Influenza (Flu) Vaccine ;

* Tetanus

- Diphtheria (Td) Vaccine;

SECRETARY OF HEALTH * Shoulder I n jury Related to Vaccine

AND HUMAN SERVICES, * Administration; SIRVA; Special

* Processing Unit

Respondent. *

*

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

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

Ale xis B abcock

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

DECISION ON JOINT STIPULATION 1

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 s he suffered a shoulder injury

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

vaccine s h e received on Nov ember 5 , 2013 . Petit ion at 1 ; Stipulation , filed Mar . 26

, 2015, ¶ ¶ 1

- 2, 4

. Petitioner further alleges that s he received these vaccines in the

U nited States, experienced the residual effects of the shoulder injury f or 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 the se

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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I inte nd

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 day s 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 withi n 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 sett lement terms.

Respondent agrees to pay petitioner a lump sum of $ 60 ,0 00.00 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. Vowe ll

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 5Case 1:14-vv-00833-UNJ Document 14 Filed 03/26/15 Page 2 of 5Case 1:14-vv-00833-UNJ Document 14 Filed 03/26/15 Page 3 of 5Case 1:14-vv-00833-UNJ Document 14 Filed 03/26/15 Page 4 of 5Case 1:14-vv-00833-UNJ Document 14 Filed 03/26/15 Page 5 of 5