# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 15-383V Filed: December 2, 2015
UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * HENRY RODER, *
* Petitioner, * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccination; Shoulder * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA ”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”)
* Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * Lisa Annette Roquemore, Law Office of Lisa A. Roquemore, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Wash ington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On April 16, 2015, petitioner filed a petition for compens ation 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 Administration [“SIRVA”] as a result of his January 11, 2013 influenza vaccination. Petition at 5-7; Stipulation, filed December 1, 2015, ¶¶ 2, 4. Petitioner further alleges that he has suffered the residual effects of this injury for over six months, and that he has received no prior award or sett lement of a civil action for th is injury. Petition at 6-7; Stipulation, ¶¶ 4-5. “Responde nt denies that the influenza immunization is the cause of petitioner’s alleged SIR VA or any other injury or condi tion. ” Stipulation, ¶ 6.

Nevertheless, on December 1, 2015, t he parties filed the attached joint stipulation, stating that a decision should be entered aw arding compensation. The

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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, Pub. L. No. 107-3 47, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 undersigned finds the stipulat ion reasonable and adopt s it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulated that petitioner s hall receive the following compensation:

A lump sum of $72,000.00 in the form of a check payable to petitioner

. Stipulation, ¶ 8. This amount represents compensation for all items of damages
that would be available 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 1:15-vv-00383-UNJ Document 22 Filed 12/01/15 Page 1 of 5Case 1:15-vv-00383-UNJ Document 22 Filed 12/01/15 Page 2 of 5Case 1:15-vv-00383-UNJ Document 22 Filed 12/01/15 Page 3 of 5Case 1:15-vv-00383-UNJ Document 22 Filed 12/01/15 Page 4 of 5Case 1:15-vv-00383-UNJ Document 22 Filed 12/01/15 Page 5 of 5