# In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS 

## * * * * * * * * * * * * * * * * * * * * * YOLANDA VALDEZ , * * No. 16
- 890 V Petitioner, * Special Master Christian J. Moran * v. * Filed: March 1 , 201 7 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) AND HUMAN SERVICES, * vaccine; shoulder injury. * Respondent. * * * * * * * * * * * * * * * * * * * * * * Clifford J
. Shoemaker , Shoemaker, Gentry & Knickelbein , for Petitioner; Ilene C
. Albala , U.S. Dep ’ t of Justice, Washington, D .C. , for Respondent. UNPUBLISHED DECISION 1 

## On March 1, 2017 , respondent filed the parties’ joint stipulation concerning the petition for compensation filed by Yolanda Valdez on July 26 , 201 6
. P etitioner alleges that on September 25, 2013 she received the influenza vaccine, which vaccine is contained in the Vaccine Injury Table , 42 C.F.R. § 100.3(a) , and that she suffered a shoulder injury and the residual effects of this alleged injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her b ehalf as a result of her condition. Respondent denies that the flu vaccine caused petitioner ’ s shoulder injury or any other injury or her current condition.

1 

## T he E -Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website.

### 2 

## Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Compensation awarded in that stipulation include s: A lump sum payment of $ 80 ,000 .00 in the form of a check payable to petitioner, Yolanda Valdez . This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa -15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in cas e 16
- 890V according to this decision and the attached stipulation. 2


## IT IS SO ORDERED
. s/Christian J. Moran Christian J. Moran Special Master

2 

## Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.

### IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS 

### OFFICE OF SPEClAL MASTERS 

### YOLANDA VALDEZ ) 

### ) ) ) 

### ) ) ) ) 

### ) ) ) 

### Petitioner, 

### v. No
. 16-890V Spec ial Master Moran ECF 

### SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.
STIPULATION Th e parties hereby stipulate to the following matters : I
. Petitioner filed a petition for vaccine compensation under th e National Vaccine Injury Compensation Program , 42 U
. S
. C. 

### §§ 300aa-10 to -34 (the "Vaccine Program"). The petition
s eeks compensation for injuries allegedly related to petitioner's receipt of an 

### influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table'1, 42 C.F
. R
. 

### § 100
. 3(a). 2
. Petitioner received an 

### influenza immuniza t ion on September 25, 2013. 3. The vaccine was 

### administe red within the United States. 

### 4
. Petitioner alleges that she s uffered 

### a shoulder injury 

### as a result of receiving the flu vaccine , and suffered the residual effects of this alle ge d injury for more 

### than six months
. 

### 5. Peti ti oner**repr~sents** 

### that there ha s been no prior award or settlement 

### of a c ivil action for damages on her behalf 

### as a result of her condition
. 6. Respondent denies that the flu vaccine caused petitioner's sho ulder injury or any other 

### injury o r 

### her current condition
.

### 7
. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compen s ation described 

### in paragraph 8 of this Stipulation
. 8
. As 

### soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U
. S.C
. § 300aa-2 l(a)(1), the Secretary of Health and Human Services will issue a lump swn payment of $80,000
. 00 

### in the form of a check payable to petiti o ner. This amount represents compensation for all damages that wou l d be available under 42 U
. S
. C. 

### § 300aa-15 ( a)
. 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensati o n pursuant to 42 U.S.C. 

### § 300aa-21(a)(l) , and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and co s t s incurred in pro c eeding upon this petition
. l 0
. Petitioner and her attorney represent that compen s ation to be provided pursuant to this Stipulation is not for any 

### items or services for which the Program is n o t primarily liabl e Wlder 42 U.S
.C. § 300aa

- 15(g), to the extent that payment has been madt: or can re asonably be expected t o be made under any State compensation programs, insuranc e policies , Fed e ral or State health benefits programs (other than Title XIX of the Social Security Act (42 U
. S
. C
. 

### § 1396 et seq . )) , or by entities that provide health services on a pre-paid b as i s . 11
. Payment made pursuant to paragraph 8 and 

### any amounts awarded pursuant t o paragraph 9 of this Stipulation will be made in accordan c e with 42 U
. S
. C
. 

### § 300aa

- 15(i) , sub j ect to the availability of sufficient statutory funds
.



### - 2 -12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees, litigation costs, and past unreimbursable eKpenses, the money pro vided pursuant to this Stipulation 

### will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U
. S
. C
. 

### §§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. 

### §§ 300aa-15(g) and (h). 13. 

### In return for the payments described in paragraphs 8 and 9, petitioner, 

### in her individual capacity and on behalf of her heirs , executors, administrators, successors or assigns , does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought 

### in the Court of Federal Claims, under the National Vaccine Injury Compen s ation Program, 42 U.S.C. 

### § 300aa -10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or about September 25 , 2013, as alleged by petitioner in a petition for vaccine compensation filed on or about July 26, 2016, in the United States Court ofFederal Claims as petition No. 16-890V. 14
. 

### If petitioner should die prior to entry of judgment, this agreement shall b e voidable upon proper notice to the Court on behalf of either or both of the parties
. 15. If the special master fails to issue a decision in complete conformity with the t enns of this Stipulation o r 

### if the Court of Federal Claims fails to enter judgment 

### in conformity with a decision that is in complete co nform ity with the terms of this Stipulation, then the parties ' settlement and this Stipulation shal l be voidable at the sole discretion of either party .

- 3

-16
. TIUs Stipulation expres s es a full and complete negotiated s e ttlement o f liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended , ex c ept
as otherwise noted in paragraph 9 above
. There is absolutely no agreement on the part of the parties hereto to make 

### any payment or to do 

### any act or thing other than is herein expressly stated and clearly agreed to . The parties further agree and understand that the award described 

### in thi s Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages , and further, that a. change in the nature of the injury or condition or in the items ofcompensation sought, is not grounds to modify or revise this agreement. 17
. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's shoulder injury
or any other injury or her current condition. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner 's heirs, executors, admini s trators , successors, and/or assign s.

I 

### I I 

### I I 

### I I

I 

### END OF STIPULATION

- 4 -

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