1 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 5

- 276 V

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* * * * * * * * * * * * * * * * UNPUBLISHED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, Washi ngton, D.C.

, for P etitioner

. Justine Walters

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On March 17, 2015

, Jane Privitera (“ P etitioner ”) 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 r otator cuf f tendonitis and P arsonage T urner 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, t he 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 amende d 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 cl early unwarranted

invasion o f 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.2 Appendix A. The undersig ned 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 P etitioner shall receive the following compensation:

A lump sum of $ 80 ,000.00 in the form o f a check pa yable to Petition er

. Th is amount

represent s compensation fo r all damages that would be availabl e un der 42 U.S.C. §

300aa

- 15(a).

Stipulation ¶ 8

.

The undersigned approves the requested amo unt s for P etitioner ’s compensation.

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

In the absence of a motion for review filed pursuant to RCFC App endix 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.Case 1:15-vv-00276-UNJ Document 28 Filed 03/18/16 Page 1 of 5Case 1:15-vv-00276-UNJ Document 28 Filed 03/18/16 Page 2 of 5Case 1:15-vv-00276-UNJ Document 28 Filed 03/18/16 Page 3 of 5Case 1:15-vv-00276-UNJ Document 28 Filed 03/18/16 Page 4 of 5Case 1:15-vv-00276-UNJ Document 28 Filed 03/18/16 Page 5 of 5