# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 180V

(not to be published)

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

MISTY HERNANDEZ

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

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

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

* Filed: July 11, 2022

Decision by Stipulation; Damages;

Influenza (“Flu”) Vaccine; Should er

Injury Related to Vaccine Administration

( “ SIRVA ” )

.

J effrey Pop

, Jeffrey S. Pop & Associat es

, Beverl y Hills

, CA

, for Petitioner

Nancy Tinch , U.S. Dep ar t ment of Justice, Washington, DC, for Respondent

DECISION ON JOINT STIPULATION 1

On Jan uary 3 1 , 20 19

, Misty Hernan dez (“ Petitioner ”) filed a petition, seeking

compensation under the National Vaccine Injury Compensation Program ( “ the Vaccine

Program ” ). 2 Pet., ECF No. 1. Petitioner alleges she suffered from a Table should er injury related

to vaccine administ ration ( “ SIRV A ” ) as a result of the influenza (“flu”) vaccination she received

on September 1 5 , 201 6

. See Stipulation ¶ 2, 4, dated July 6 , 202 2 (ECF No. 5 4 ) ; see also Petition.

Respondent denies “ that petitioner sustained a SIRVA Table injury ; denies that the fl

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted

on the Court of Federal Claims’ website in accordance with the E

- Government Act of 2002, 44 U.S.C. §

3501 (2012). This means the Decision will be avai lable to anyone with access to the internet . As

provided by 42 U.S.C. § 300aa

- 12(d)(4)(B), however, the parties may object to the Decision’s inclusion of

certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has four teen

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 disclosu re of which would constitute a clearly unwarranted invasion of privacy.”

Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id.

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.

No. 99

- 660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa

- 10

– 34 (2012)) (hereinafter

“Vaccine Act” or “the Act”). All subsequent references to se ctions of the Vaccine Act shall be to the

pertinent subparagraph of 42 U.S.C. § 300aa.vaccine caused petitioner ’ s alleged SIRVA, or any other injury; and denies that petitioner ’ s current

condition is a sequela of a vaccine

- related injury .” See Stipulation ¶ 6. Nonetheless, both parties,

while main taining their above

- stated positions, agreed in a stipulation filed Jul y 6 , 202 2 that the

issues before them can be settled and that a decision should be entered awarding Petitioner

compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation

is reasonable

. I therefore adopt it as my decision in awarding damages on the terms set forth

therein.

The stipulation awards :

1. A lump sum of $ 42

, 5 00 .00 in the form of a check payable to p etitioner ; and

2. A lump sum of $948 .07, representi ng reimbursement of a Medicaid lien for servi ces

re ndered to petitioner by the State of Texas, Cigna Medicare STAR + PLUS, in the form of

a check payable jointly to petitioner and The Rawl ings Company:

The Rawlings Compan y

ATTN : PS AutoHx

Reference No. : 119693643

P. O. Box 2000

La Grange , KY 40031

- 2000

Petitioner agrees to endorse this check payable to the Rawlings Company.

Sti pulation ¶ 8. This award represents compensation for all damages that would be available under

42 U.S.C. § 300aa

- 15(a).

I approve a Vaccine Program award in the requested amount set forth above to be made to

Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the C lerk of

the C ourt is directed to enter judgment herewith. 3

IT IS SO ORDERED.

s/ Katherine E. Oler

Katherine E. Oler

Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice

renouncing their right to seek review.