1 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

No. 1 3

- 778V

Filed: March 9, 2017

* * * * * * * * * * * * * Special Master S anders

BRENDA THERIOT, *

* Joint Stipulation on Damages;

Petitioner, * Influenza ( “ Flu ” ) Vaccine; Stevens

-

* Johnson Syndrome; Fibromyalgia.

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

B rian R. Arnold

, B rian R. Arnold & Associates

, Dallas, TX , for Petitioner.

Althea W. Davis

, United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On October 8 , 2013

, B renda Theriot (“Petitioner”) filed a petition for compensation

pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 1 to

- 34

(2012). Petitioner alleged that as a result of an influenza (“flu”) vaccine administered on

October 1 2 , 2010

, s he suffered from Stevens

- Johnson Syndrome and fibromyalgia. See

Stipulation for Award at ¶ ¶ 1

- 4, filed March 9 , 2017. Petitioner further alleged that s he

experienced symptoms of this injury for more than six months. Id. at ¶ 4.

On March 9 , 2017, the parties filed a stipulation in which they state that a decision should

1 This decision shall be posted 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), a party has 14 days to identify and move to delete medical or other information that

satisfies the criteria in § 300aa

- 12(d)(4)(B). Further, consistent with the rule requirement, a

motion for redaction must include a proposed redacted decision. If, upon review, the

undersigned agrees that the identified material fits within the requirements of that provision, such

material will be deleted from public access.

2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42

U.S.C. §§ 300aa

- 10 et seq. (hereinafter “Vaccine Act,” “the Act,” or “the Program”). Hereafter,

individual section references will be to 42 U.S.C. § 300aa of the Act.2

be entered awarding compensation to Petitioner. Respondent denies that the flu vaccine caused

Petitioner’s alleged injuries or any other injury, and denies that Petitione r’s current disabilities

are the result of a vaccine

- related injury. Nevertheless, the parties agree to the joint stipulation,

attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as

the decision of the Court in a warding damages, on the terms set forth therein.

The parties stipulate that Petitioner shall receive the following compensation:

A lump sum of $ 75 ,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).

Id. at ¶ 8.

The undersigned approves the requested amount 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/Herbrina D. Sanders

Herbrina D. Sander s

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.