1

* * * * * * * * * * * * * * * * * * * KATHY REID, * UNPUBLISHED

*

* Petitioner
, * No. 17

- 1052 V

*

v. * Special Master Dorsey

* SECRETARY OF HEALTH * Decis ion Based on Stipulation; AND HUMAN SERVICES, * Pn eumococcal ( Prevnar ) Vaccine;

* Shoulder Injury Related to Vaccine Respondent. * Administration (SIRVA )

. * * * * * * * * * * * * * * * * * * * *
Amy A. Senerth
, Muller Brazil, LLP, Dresher, P A
, for petit ioner

. Heather Pearlman , US Department of Justice, Washington, DC , for respondent.

DECISION BASED ON STIPULATION 1

On August 3, 2017
, Kathy Reid (“petitioner ”) filed a petition in the National Vacc ine Injury Compensation Program. 2 Pet itione r alleg ed that as a result of a p neumococcal ( “ p revnar ” )

v accine administered to her on November 4 , 201 5
, petitioner suffered a left shoulder injur y

. Petition at 1

- 2

.
On J anuary 6, 2020 , the parties filed a st ipulation rec ommending an award of compensation to peti tioner

. Stipulation (ECF No. 39 ). Respondent denies that the Prevnar

1 Because this Decision contains a reas o ned explanation for the action in this case, the undersigned is required to post it on the United States Court of Fed eral Cla ims’ website in

acc ordance with the E

- Government Act of 2002. 44 U.S.C. § 3501 note (2012) ( Federal Management and Promotion of E l ectronic Government Services). This means the Decision will be available to anyone with access to the I nternet. In accordan ce with Vaccine Rul e 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of w hich would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the iden tifie d materi al fits within this definition, the undersigned will redact such material from public access.

2 The National Vaccine Injury Com p ensation Program is set forth in Part 2 of the National Chi ldhood Vaccine Injury Act of 1986, Pub. L. No . 99

- 660, 100 Stat. 3 755, codified as

am ended, 42 U.S.C. §§ 300aa

- 1 to

- 34 (2012) (“Vaccine Act” or “the Act”). All citations in this decision to indi v idual sections of t he Vaccine Act are to 42 U.S.C . § 300aa

. 

# In the Uni ted State s Court of Federal Claims

OFFICE OF S PECIAL M ASTERS Filed: January 6, 20202

The parties stipulate that petitioner shall receive the following compensation:

(1) A lum p sum of $ 51 , 000.00 i n the form of a che ck payable to petitioner

.

T his amount represent s compensation for all damages that would be available under 42 U.S. C . § 300aa

- 15(a). Stipulation at ¶ 8.
The undersigned approves the r equested amount for petition ers’ compensa tion. A ccordingly, an awar d should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appe n dix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipul ation. 3

IT I S SO ORD ERED.

s/Nora B. Do rsey Nora B. Dorsey Special Master

3 Pursuant to Vaccine Rule 11(a), entry of j udgment is ex pedited by the parties’ joi nt filing of notice renouncing the right to seek review. vacc ine administered on or about November 4, 2015 cause d petitioner ’ s lef t should er injury, an y other inj ury, or petitioner ’ s curre nt condition. Respondent further d enies that the pe titioner sustained a table inj ury , namely
, a S houlder Injury Related to Vaccine Administration ( “ SIRVA ” ). Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The unde rsigned finds the stipulation reasonable and adopts it a s the decision of the Court in awarding da mages, on the ter ms set forth therein.