# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1 933 V

UNPUBLISHED

KATHLEEN MAU

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 15, 2022

Special Processing Unit (SPU); Joint Stipulation on Damages; Tetanus

, Diphtheria, acellular Pertussis ( “ Tdap ” ) Vaccine; Shoulder Injury

Related to Vaccine Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Benjamin Patrick Warder , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1

On December 21, 2020

, Kathleen Mau filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. 2 ( the

“Vaccine Act” )

. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”), which meets the Table definition for a SIRVA injury after receiving a tetanus , diphtheria, acellular pertussis ( “ Tdap ” ) vaccine on April 12, 2019

. Petition at 1, ¶¶ 1, 11 ; Stipulation, fil ed Aug. 15, 2022

, a t 1, ¶¶ 1

- 2, 4

. Petitioner f urther alleges that she received the vaccine in the United States, that she suffered the residual effects of her SIRVA more than six months post

- vaccination, and that neither she nor any other person has filed a civil action or received compensation for her SIRVA . Petit ion at ¶¶ 1

, 8

- 10 ; Stipulation at ¶¶ 3

- 5

. “ Respondent denies that [P]etitioner sustained a SIRVA

Table I njury, denies that [P]etitioner’s alleged shoulder injury was caused

- in

- fact by the

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the D ecision will be available to anyone with access to the

internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of w hich 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 section references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

Tdap vaccine, and denies that the Tdap vaccine caused [P]etitioner any other injury or

her current condition. ” Stipulation at ¶ 6.

Nevertheless, on August 15, 2022

, the parties filed the attached joint st ipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, I award the following compensation:

A lump sum of $ 44 ,000.00 in the form of a check payable to P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages

that wo uld be available under Section 15 (a). Id

.

I approve the requested amount for P etitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision. 3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 Pursuant to Vaccine Rule 1 1(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.