# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: November 17, 2020

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

ADAM SALKY

, * No. 1 8

- 914 V

*

Petitioner, * Special Master Sanders

v. *

* Stipulation for Award; Tetanus

SECRETARY OF HEALTH * Diphtheria

- Acellular

- Pertussis (“Tdap”)

AND HUMAN SERVICES, * Vaccine; Shoulder Injury Related to Vaccine

* Administration (“SIRVA”).

Respondent. *

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

Amy A. Senerth

, Muller Brazil, LLP

, Dresher

, PA

, for Petitioner.

Ryan D. Pyles , United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On June 26, 2018

, Adam Salky (“Petitioner”) filed a petition for compensation pursuant to

the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 10 to

- 34 (2012) ; Pet.

at 1, ECF No. 1 . Petitioner alleged that the tetanus

- diphtheria

- acellular

- pertussis (“Tdap”) vaccine

he received on July 12, 2016

, caused h im to develop a left

- sided shoulder injury related to vaccine

administration (“SIRVA”). See Stip. at 1, ECF No. 32 ; Pet. at 1 . Petitioner further alleged that he

experienced the residual effects of h is injury for more than six months. Stip. at 1.

On November 12 , 2020 , the parties filed a stipulation in which they state that a decision

should be entered awarding compensation to Petitioner. Id. at 2. Respondent den ies that the Tdap

vaccine caused or significantly aggravated Petitioner’s alleged SIRVA , or any other injury. Id.

Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. I find the

stipulation reasonable and adopt it as th e decision of the Court in awarding damages, on the terms

set forth therein.

1 This D ecision shall be posted 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 (2012)). This means the Dec ision will be available to anyone with access to

the Internet. 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 of privacy.” Vaccine Rule 18(b).

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

- 660, 100 Stat. 3755.2 The parties stipulate that Petitioner shall receive the following compensation:

A lump sum of $ 2 5

, 0 00.00 in the form of a check payable to [P]etitioner.

This amount represents compensation for all damages that would be

available under 42 U.S.C. § 300aa

- 15(a) [

. ]

Id

. at 2.

I approve the requested amount 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 C lerk of

C ourt SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Herbrina D. Sanders

Herbrina D. Sanders

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.