ANDREW NEWELL

,
Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 22, 2022

Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Benjamin Patrick Warder , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1

On December 23, 2020

, Andrew Newell filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. 2 ( the “Vaccine Act” )

. Petitioner alleges that he suffered a shoulder injury related to vaccine

a dministration ( “ SIRVA ” ) as a result of an influenz a ( “ flu ” ) vaccine that was a dministered to him on N o vembe r 11, 2019 . Petition at 1 ; Stipulation, fil ed on September 20, 2022

, at ¶¶ 2, 4

. Petitioner further alleges that he received the vaccine in the United States , that he experienced the residual effects of his injury for more than six months, and there has been no prior award or settlement of a civil action for damag es as a result of his alleg ed condition . Petit ion at 1

- 2 ; Stipulation at ¶¶ 3

- 5

. “ Respondent denies that [P]etitioner sustained a SIRVA Table Injury , denies that [P]etitioner ’ s alleged shoulder injury was caused

- in

- fact by the flu vaccine, and denies that the flu vaccine caused [P]etitioner any other injury or his current condition. ” Stipulation at ¶ 6.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). This means the D ecision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material f its within this definition, I 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 section references to the Vaccine Act will be to the p ertinent subpara graph of 42 U.S.C. § 300aa (2012 ). 

# In the United States Court of Federal Claims

OFFICE O F SPECIAL MASTERS

No

. 20 -1964V UNPUBLISHED2

A lump sum of $ 57,000.00 in the form of a check payable to P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that wo uld be available under Section 15 (a). Id

.

I approve the requested amount for P etitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision. 3

IT IS SO ORDERED.

s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. Nevertheless, on September 20, 2022, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein.

Pursuan t to the terms stated in the attached Stipulation

, I award the following compensation: