# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1120V (not to be published)

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DEREK SAUNDERS

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

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* Filed: March 17, 2021

Decision by Stipulation; Damages; Influenza (“ F lu”) Vaccine; Shoulder Injury Related to Vaccine Administration (“SIRVA”)

.

Ronald Homer

, Conway, Homer, P.C.

, Boston

, MA

, for Petitioner

Adriana Teitel , U.S. Dep ar t ment of Justice, Washington, DC, for Respondent

DECISION ON JOINT STIPULATION 1

On August 21, 2017

, Derek Saunders (“ Petitioner ”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program ( “ the Vaccine Program ” ). 2 Pet., ECF No. 1. Petitioner alleges he suffered from a shoulder injury related to vaccine administration (“SIRVA”) as a result of the influenza (“flu”) vaccination he received on October 14, 2015

. See Stipulation ¶ 2, 4, dated March 16, 2021 (ECF No. 5 7 ); see also Petition.

Respondent denies “ that petitioner sustained a SIRVA Table injury; denies that the vaccine

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted

on the Court of Federal Claims’ website in accordance with the E

- Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be avai lable to anyone with access to the internet . As provided by 42 U.S.C. § 300aa

- 12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has four teen 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 disclosu re of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id.

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.

No. 99

- 660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa

- 10

– 34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to se ctions of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa.caused petitioner’s alleged shoulder injury, or any other injury; and denies that his current

condition is a sequela of a vaccine

- related i njury .” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above

- stated positions, agreed in a stipulation filed March 16, 2021 that the issues before them can be settled and that a decision should be entered awarding Petitioner

comp ensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation

is reasonable

. I therefore adopt it as my decision in awarding damages on the terms set forth

therein.

The stipulation awards :

a lump sum of $ 35 ,000 .00 in the form of a check payable to p etitioner

.

Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa

- 15(a).

I approve a Vaccine Program award in the requested amount set forth above t o be made to

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

of the C ourt is directed to enter judgment herewith. 3

IT IS SO ORDERED.

s/ Katherine E. Oler

Katherine E. Oler Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review.