# In the Unit ed States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: June 12

, 2019

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

G ARY NAYLOR

, * No. 17

- 135 V

*

Petitioner, * Special Master Sanders

*

v. *

*

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

AND HUMAN SERVICES, * V accine ; Shoulder Injury Related to

* Vaccine Administration ( “ SIRVA ” )

Respondent. *

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

Jessica A. Olins

, Maglio Chris topher and Toale, PA

, Washington

, D.C.

, for Petitioner.

Claudia B. Gangi

, United States Department of Justice, Washington, D

. C

. , for Respondent.

DECISION 1

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 , 201 5 , 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 state d 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 inform ation 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 fo rm of a check payable to [P] etitioner.

This amo un t represents compensation fo r 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 shou ld be made consistent with the stipulation.

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

C ourt 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.