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 In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-276V

Filed: March 21, 2016

* * * * * * * * * * * * * * * * UNPUBLISHED

JANE PRIVITERA, *

 * Special Master Hamilton-Fieldman

Petitioner, *

 * Joint Stipulation on Damages;

v. * Influenza (“Flu”) Vaccine; 

 * Rotator Cuff Tendonitis; Parsonage

SECRETARY OF HEALTH * Turner Syndrome. 

AND HUMAN SERVICES, *

 *

Respondent. *

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

Isaiah R. Kalinowski, Maglio, Christopher & Toale, PA, Washington, D.C., for Petitioner.

Justine Walters, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On March 17, 2015, Jane Privitera (“Petitioner”) filed a petition for compensation

pursuant to the National Vaccine Injury Compensation Program.

2 42 U.S.C. §§ 300aa-1 to -34 

(2006). Petitioner alleged that an influenza (“flu”) vaccine administered on October 8, 2013

caused her to suffer from rotator cuff tendonitis and Parsonage Turner syndrome.

On March 18, 2016, the parties filed a stipulation in which they state that a decision 

should be entered awarding compensation. Respondent denies that the flu vaccination caused 

Petitioner’s shoulder injury, alleged Parsonage Turner syndrome or any other injury or her 

current condition. However, the parties agree to the joint stipulation, attached hereto as 

 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, 

the undersigned intends to post this decision on the website of the United States Court of Federal 

Claims, in accordance with the E-Government Act of 2002, codified as amended at 44 U.S.C. § 

3501 note (2012). As provided by Vaccine Rule 18(b), each party has 14 days within which to 

request redaction “of any information furnished by that party: (1) that is a trade secret or 

commercial or financial in substance and is privileged or confidential; or (2) that includes 

medical files or similar files, the disclosure of which would constitute a clearly unwarranted 

invasion of privacy.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National 

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 

42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to 

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
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Appendix A. 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 $80,000.00 in the form of a check payable to Petitioner. This amount

represents compensation for all damages that would be available under 42 U.S.C. § 

300aa-15(a).

Stipulation ¶ 8.

The undersigned approves the requested amounts for Petitioner’s compensation. 

Accordingly, an award should be made consistent with the stipulation. 

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ 

stipulation.3

IT IS SO ORDERED.

s/ Lisa Hamilton-Fieldman

 Lisa Hamilton-Fieldman

Special Master

 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of 

notice renouncing the right to seek review.
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