In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

Filed: June 12, 2019

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

GARY NAYLOR, * No. 17-135V

*

Petitioner, * Special Master Sanders

*

v. *

*

SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”)

AND HUMAN SERVICES, * Vaccine; Shoulder Injury Related to

* Vaccine Administration (“SIRVA”)

Respondent. *

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

Jessica A. Olins, Maglio Christopher and Toale, PA, Washington, D.C., for Petitioner.

Claudia B. Gangi, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On January 30, 2017, Gary Naylor (“Petitioner”) filed a petition for compensation 

pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10–34 

(2012); ECF No. 1. The petition alleged that the influenza (“flu”) vaccine Petitioner received on 

October 15, 2015, caused him to develop shoulder injury related to vaccine administration

(“SIRVA”). See Stip. at 1, ECF No. 44.

On June 3, 2019, the parties filed a stipulation in which they stated that a decision should 

be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu vaccine

caused Petitioner’s alleged SIRVA. Id. Nevertheless, the parties agree to the joint stipulation, 

attached hereto as Appendix A. The undersigned 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:

 

1 This decision shall be posted on the website of the United States Court of Federal Claims, 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 (2012)). This means the Decision will be available to anyone with 

access to the Internet. As provided by Vaccine Rule 18(b), each party has 14 days within which to 

request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or 

financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, 

the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).

2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Hereafter, for ease 

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

A lump sum of $30,000.00 in the form of a check payable to [P]etitioner. 

This amount represents compensation for all damages that would be 

available under 42 U.S.C. §300aa-15(a).

Id.

The undersigned approves the requested amount for Petitioner’s compensation. 

Accordingly, an award should be made consistent with the stipulation. 

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of 

Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED.

s/Herbrina D. Sanders

 Herbrina D. Sanders

Special Master

 

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

renouncing the right to seek review.