# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1385 V

Filed: May 26, 2016

UNPUBLISHED

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

VALERIE ROBERTSON

, *

*

Petitioner, * Joint Stipulation on Damages ;

v. * Influenza ;

* Shoulder Injury ( “ SIRVA ” ) ;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA

, f or petitioner.

Lisa Ann Watts , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Dorsey

, Chief Special Master:

On November 16, 2015

, p etitioner 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 she suffered a left shoulder injury related to

vaccine administration ( “ SIRVA ” ) after receiving her October 15, 2014 influenza

vaccination

. Petition at 1 ; Stipulation , filed May 2 5, 2016

, at ¶ 1

- 2

. Petitioner further

alleges t hat she suffered the residual effects of her injury for more than six months and

that there has been no prior award or settlemen t of a civil action on her behalf for

damages as a result of her condition . Petit ion at 5 ; Stipulation at ¶¶ 4

- 5

. “ Respondent

denies that the flu vaccine caused petitione r ’ s alleged left shoulder injury, or any other

injury, and further denies that petitioner ’ s current disabilities are seque lae of a vaccine

related injury. ” 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 information, the disclosure of which would constitute an

unwarranted invasion of privacy. If, upon review, the 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 subpara graph of 42 U.S.C. §

300aa (2012 ).2 Nevertheless, o n May 25, 2016 , the parties filed the attached joint stipulation,

stating that a decision should be entered awarding compensation. 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 shall receive the following compensation:

A lump sum of $ 9 1,312.11 in the form of a check payable to petitioner

. Stipulation at ¶ 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 Appendix B, the clerk of

the court is directed to enter judgment 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 can be expedited by the parties’ joint filing of no tice

renouncing the right to seek review.