# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-911V Filed: August 8, 2017

UNPUBLISHED

IRMA SCOTT,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Vasovagal Syncope

Curtis R. Webb, Twin Falls, ID, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washingt on, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On August 21, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she suffered from vasovagal syncope and a

subdural hematoma as a result of receivi ng an influenza (“flu”) vaccination on August 15, 2013. Petition at 1-2; Sti pulation, filed August 7, 2017, at ¶ 4. Petitioner further alleges the vaccine was administered within t he United States, that she experienced the residual effects of this injury for more than six months, and that there has been no prior
award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1-5; St ipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner to suffer fr om vasovagal syncope or a subdural hematoma or any other injury or her current condition, and denies that she su ffered the residual effects of the alleged injury for mo re than six months.” St ipulation 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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).2 Nevertheless, on August 7, 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.

Pursuant to the terms stated in the attached Stipulation, the undersigned

awards the following compensation:

A lump sum of $119,753.00 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.