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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 150 V

Filed: August 16, 2016

* * * * * * * * * * * * * * * * UNPUBLISHED

ELAHE AMANI

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Joint Stipulation on Damages;

v. * Tetanus

- Diphtheri a

- acellular

-

* Pertussis ( “ TDaP ” ) Vaccine;

SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine

AND HUMAN SERVICES, * Administration ( “ SIRVA ” ).

*

Respondent. *

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

Lisa Roquemore

, Rancho Santa Margarita, CA

, for P etitioner

. Michael Milmoe

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On February 25, 2014

, Elahe Amani (“ P etitioner ”) filed a petition for compensation

pursuant to the National Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34

(2012 ). Petitioner alleged that a Tetanus

- Diphtheria

- acellular

- Pertussis (“TDaP ”) vacc ine

ad ministered on July 24 , 2011 caused her to suffer from a Shoulder Injury Related to Vaccin e

Administration ( “ SIRVA ” ). On May 27, 2014, Respondent filed a Rule 4 (c) Report in which she

conceded that Petitioner is entitled to compensation for her vaccine

- caused injury.

On August 15 , 2016 , the parties filed a stipulation in which they state that a decision

should be entered awarding compensation to Petitioner

. The parties agree that “ [t]here is not a

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this decision on the website of the United States Court of Federal

Claims , in accordance w ith the E

- Government Act of 2002, codified as amende d at 44 U.S.C. §

3501 note (2012 ). 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 o f privacy.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended,

42 U.S.C. §§ 300aa

- 1 to

- 34 (2006) (Vaccine Act or the Act). All citations in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2 preponderance of evidence that petitioner ’ s SIRVA is due to factors unrelated to her July 24,

2011, Tdap vaccin ation, ” and t hey 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 P etitioner shal l receive the following compensation:

A lump sum of $167 ,713.79, which amount represents compensation for first year

life care expenses ($14,600.00), pain and suffering ($150,000.00), and past

un reimbu rsable expenses ($3,113.79) in the form of a check payable to Petitioner;

and

a n amount sufficient to purchase the annuity contract described in paragraph 10 of

the Stipulation, paid to the life insurance c ompany from which the annuity will be

purchased.

Stipulation ¶ 8

.

The undersigned approves the requested amo unt s for P etitioner ’s compensation.

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

In the absence of a motion for review filed pursuant to RCFC App endix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stipulation. 3

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

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.Case 1:14-vv-00150-UNJ Document 67 Filed 08/15/16 Page 1 of 7Case 1:14-vv-00150-UNJ Document 67 Filed 08/15/16 Page 2 of 7Case 1:14-vv-00150-UNJ Document 67 Filed 08/15/16 Page 3 of 7Case 1:14-vv-00150-UNJ Document 67 Filed 08/15/16 Page 4 of 7Case 1:14-vv-00150-UNJ Document 67 Filed 08/15/16 Page 5 of 7Case 1:14-vv-00150-UNJ Document 67 Filed 08/15/16 Page 6 of 7Case 1:14-vv-00150-UNJ Document 67 Filed 08/15/16 Page 7 of 7