# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

Filed: May 11 , 2017

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

RACHEL MCCARRON, *

* No. 16

- 1055 V

Petitioner, *

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Joint Stipulation on Damages;

AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine;

* Shoulder Injury Related to

Respondent. * Vaccine Administration ( “ SIRVA ”).

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

Howard S. Gold

, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner.

Lynn E. Ricciardella , United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

On August 25 , 2016, Rachel McCarron (“petitioner”) filed a petition f or compensation

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

- 10 to 34

(2012). 2 Petitioner alleges that she suffered a Shoulder Injury Related to Vaccin e

Administration ( “ SIRVA ” ) as a result of receiving a n influenza ( “ f lu ” ) vaccine on August 27,

2014 . Petition at 1.

On May 10 , 2017, the parties filed a stipulation in which they state that a decision should

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

suffer from SIRVA

, or any other injury, and denies that petitioner ’ s current disabilities are

sequela e of a vaccine

- related injury . Stipulation at ¶ 6. Nevertheless, the parties agree to the

joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation

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

undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in

accordance with the E

- Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and

Promotion of Electronic Government Services). 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 N ational 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 (2012) (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.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 in compensation:

1) A lump sum of $ 67 ,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 at ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation.

Accordingly, the C lerk of the C ourt SHALL ENTER JUDGMENT in accordance with the

te rms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

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.