# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-727V Filed: April 6, 2017

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * JOAN JENKINS, *

* Petitioner, * Joint Stipulation on Damages; v. * Influenza (“ Flu”); Shoulder Injury

* Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Adriana Teitel, U.S. Department of Just ice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On June 21, 2016, petitioner filed a petit ion 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 suffe red a shoulder injury related to vaccine administration (“SIRVA”) following an October 16, 2015 influenza (“flu”) vaccination. Petition at 1; Stipulation, fil ed April 6, 2017, at ¶¶ 1, 4. Petitioner furt her alleges that the
flu vaccination was administered within the Un ited States, she experienced the residual effects of this injury for more than six m onths, and that there has been no prior award or settlement of a civil action for damages as a re sult of her condition. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies t hat petitioner’s alleged left shoulder injury
and its residual effects were caused-in-fac t by the flu vaccine. Respondent further denies that the flu vaccine caused petitioner any other injury or her current condition. ” Stipulation at ¶ 6.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned 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 “§” references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:16-vv-00727-UNJ Document 22 Filed 04/06/17 Page 1 of 22 Nevertheless, on April 6, 2017, the parties filed the attached joint stipulation, stating that a decision s hould be entered awarding compens ation. 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 s hall receive the following compensation:

A lump sum of $72,500.00 in the form of a check payable to petitioner

. Stipulation at ¶ 8. Th is amount represents compens ation for all items of damages that would be availabl e under 42 U.S.C. § 300aa-15(a). Id

.

The undersigned approves the requested amount for petitioner’s compensation.

In the absence of a motion for review filed pursuant to RCFC Append ix B, the clerk of the court is directed to enter judgm ent in accordance with this decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment c an be expedited by the parties’ joint filing of notice renouncing the right to seek review. Case 1:16-vv-00727-UNJ Document 22 Filed 04/06/17 Page 2 of 2Case 1:16-vv-00727-UNJ Document 22-1 Filed 04/06/17 Page 1 of 5Case 1:16-vv-00727-UNJ Document 22-1 Filed 04/06/17 Page 2 of 5Case 1:16-vv-00727-UNJ Document 22-1 Filed 04/06/17 Page 3 of 5Case 1:16-vv-00727-UNJ Document 22-1 Filed 04/06/17 Page 4 of 5Case 1:16-vv-00727-UNJ Document 22-1 Filed 04/06/17 Page 5 of 5