# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-1553V Filed: March 14, 2019

UNPUBLISHED

CLAUDIA CIPOWSKI,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury

Related to Vaccine Administration (SIRVA)

Shealene Priscilla Mancuso, Muller Braz il, LLP, Dresher, PA, for petitioner. Adriana Ruth Teitel, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On November 21, 2016, Claudia Cipowski (“petitioner”) filed a petition for compensation under the National Vaccine Inju ry Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine injury (“SIRVA”) as a result of an influenza (“flu”) vaccine she received to her right shoulder on November 13, 2015. Petition at 1; Stipulation, filed March 14, 2019, at ¶ 4. Peti tioner further alleges that she experienced the residual effects of her injury for more than six mont hs. Petition at 3; Stipulation at ¶ 4. “Respondent denies that petitioner’s allege d SIRVA and its residual effects were caused-in-fact by her flu vacci ne. Respondent further denies that the flu vaccine caused petitioner any other injury of her curr ent condition.” Stipul ation at ¶ 6.

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 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 other information,

the disclosure of which would constitute an unwar ranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits wi thin this definition, the undersigned will redact such material from public access. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims'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).

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 Nevertheless, on March 14, 2019, the parties filed the attached joint stipulation, stating that a decision s hould 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.

Pursuant to the terms stated in the attached Stipulation, the undersigned

awards the following compensation:

A lump sum of $77,500.00, in the fo rm of a check payable to petitioner

. Stipulation at ¶ 8. Th is amount represents compens ation for all items of damages that would be av ailable under § 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.