# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-0668V Filed: June 27, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * MICHAEL CHOI, *

* Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccination; * Adhesive Capsulitis; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Craig Homer, Conway , Homer, and Chin-Caplan, PC, Boston, MA for petitioner. Julia Wernett McInerny, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On June 29, 2015, 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 he suffers adhesive capsulitis as a result of his October 22, 2012 influenza (“flu”) vaccine. Pe tition at 1; Stipulation, fil ed June 27, 2016, at ¶¶ 2, 4. Petitioner further alleges he has suffered the re sidual effects of his in jury for more than six months, and that no lawsuit has been f iled or settlement or award received by petitioner or any other person for this injury. Petition at ¶¶ 18-19; Stipulation at ¶¶ 4-5. “Respondent denies that petitioner’s alleged injuries and residual effects were causedin-fact by the flu vaccine. Respondent furt her denies that the flu vaccine caused any other injury or petitioner’s 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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). 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 Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Nevertheless, on June 27, 2016, the parties filed the attached joint stipulation, stating that a decision should 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 $92,000.00 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.