# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 16

- 0189 V Filed: April 28, 2017 U npublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * * ROSE MCALISTER , * * Petitioner, * Joint Stipulation on Damages ;

v. * Influenza (“Flu”) Vaccine; Shoulder * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“ SIRVA ”) ; Special Processing Unit AND HUMAN SERVICES, * (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer, P.C., Boston, MA , for petitioner. Kathryn A. Robinette , U .S. Department of Justice, Washington, DC, for r espondent.

DECISION ON JOINT STIPULATION 1

Dorsey

, Chief Special Master:

On February 8, 2016

, Rose McAlister (“ p etitioner ”)

, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 ( the “Vaccine Act” )

. Petitioner alleges that s he sustained a shoulder injury related to vaccine administration ( “ SIRVA ” ) as a result of receiving the influenza (“flu”) vaccine on October 16 , 201 4 . Pet

. at 1 ; Stip

. , filed Apr. 2 8 , 2017

, at ¶ ¶ 1, 2, 4

. Petitioner further asserts that the vaccine was administered in the United States, that s he experienced the residual effects of h er injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of h er condition. Pet. at ¶¶ 15

- 17 ; Stip

. at ¶¶ 3-5 . Respondent denies that the flu immunization caused petitioner ’ s alleged shoulder injury, any other injury, or her current condition

. Stip

. at ¶ 6.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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). 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 unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access.

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 Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012 ).2 Nevertheless, o n April 28, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. 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 term s st ated in the attached Stipulation

, the undersigned award s the following compensation:

A lump sum of $76 ,000.00 in the form of a check payable to petitioner
, R ose McAlister

. Stip

. at ¶ 8. Th is amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa

- 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 Appendix B, the clerk of the court is directed to enter judgment 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 can be expedited by the parties’ joint filing of notice renouncing the right to seek review.