# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 10

- 636 V

Filed: August 25 , 2014

* * * * * * * * * * * * * * * * UNPUBLISHED

LINDA WATKINS

, *

* Special Master Gowen

Petitioner, *

* Joint Stipulation on Damages;

v. * In fluenza (Flu) Vaccine; Tetanus

* Dip theria (Td ) Vaccine;

SECRETARY OF HEALTH * Anaphylaxis; Anaphylactic Shock;

AND HUMAN SERVICES, * Injury to Respiratory Tract and

* Esophagus; Brachial Neuritis.

Respondent. *

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

Christopher T. Castro

, Galloway

, Jefcoat LLP, Lafayette, L A

, for petitioner

. Lisa Watts

, United States Department of Justice, Washington , DC, for respondent.

DECISION 1

On September 22, 2010

, Linda Watkins (“ petitioner ”) filed a petition pursuant to the

National Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006).

Petitioner alleges that s he suffered from anaphylaxis or anaphylactic shock, injuries to her

respiratory tract and esophagus, and brachial neuritis as a result of receiving a pneumococcal

vaccine (“Pneumovax”), 3 a tetanus diphtheria (“Td”) vaccine, and an influenza (“flu”) vaccine

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

the unders igned intends to post this ruling 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 (2006)). As prov ided 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 me dical files or similar files, the

disclosure of which would constitute a clearly unwarranted invasion of 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 citati ons in this decision to

in dividual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

3 Petitioner may not receive compensation under the Act for injuries caused by the Pneumovax

vaccine, because, unlike a pneumococcal conjugate vaccine, it is not covered under the Vaccine

Injury Table. 42 C.F.R. 100.3(a)(XII).

1on October 1, 2007

. See Petition at 1

.

On August 25

, 2014

, the parties filed a stipulatio n in which they state that a decision

should be entered awarding compensation.

Respondent denies that the flu vaccine or the Td vaccine caused petitioner’s alleged

anaphylaxis, anaphylactic shock, injuries to her respiratory tract and esophagus, brachial neuritis,

or any other injury, and further denies that petitioner’s current disabilities are sequ elae of a

vaccine

- related injury

. 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 f orth therein.

The parties stipulated that petitioner shall receive the following compensation:

A lump sum of $ 5 0 ,000 .00

, in the form of a check payable to petitioner. This amount

represents compensation for all damages that would be available under 42 U.S.C. §

300aa

- 15(a).

Stipulation ¶ 8.

The undersigned approves the requested amo unt 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

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

stipulation. 4

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master

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

notice renouncing the right to seek review.

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