# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 439 V

Filed: August 23, 2022

UNPUBLISHED

GAIL LINVILLE

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Joint Stipulation on Damages; Tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine; Shoulder Injury

Leah VaSahnja Durant

, Law Offices of Leah V. Durant, PLLC

, Washington

, DC , for petitioner.

Mitchell Jones , U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

On March 23, 2018

, 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 s he suffered shoulder pain caused

- in

- fact by her Tdap vaccine

. Petition at 1 ; Stipulation , filed August 23 , 202 2

, at ¶ 4

. Petitioner further alleges that s he has experienced the residual effects of h er condition for more than six months, that there has been no prior award or settlement of a civil action for damages

as a result of h er condition, and that h er vaccine was administered in the United States

. Petit ion at 4 ; Stipulation at ¶¶ 3

- 5

. “ Respondent denies that the Tdap vaccine caused petitioner’s alleged shoulder pain, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine

- related injury

. ” Stipulation at ¶ 6.

Nevertheless, o n August 23, 2022 , the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation

1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E

- Government

Act of 2002. See 44 U.S.C. § 3501 note (2012) (F ederal Management and Promotion of Electronic Government Services). This means the decision 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 o ther information the disclosure of which would constitute an unwarranted invasion of privacy.

I f the special master, upon review, agrees that the identified material fits within this definition, it will be redacted from public access.

2 National Childhoo d 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 reasonable and adopt it as the decision of the Court in awarding damages, on the terms

set forth t herein.

Pursuant to the term s stated in the attached Stipulation

, I award the following compensation:

A lump sum of $ 56

, 250 .00 in the form of a check payable to petitioner

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

.

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/ Daniel T. Horner

Daniel T. Horner Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgme nt can be expedited by the parties’ joint filing of notice renouncing the right to seek review.