In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

YOLANDA VALDEZ, * 

 * No. 16-890V 

 Petitioner, * Special Master Christian J. Moran 

 * 

v. * Filed: March 1, 2017 

 * 

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UNPUBLISHED DECISION1

On March 1, 2017, respondent filed the parties’ joint stipulation concerning 

the petition for compensation filed by Yolanda Valdez on July 26, 2016. Petitioner

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 behalf 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

 The 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 includes: 

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 case 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 

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Petitioner, 

v. 

No. 16-890V 

Special Master Moran 

ECF 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

STIPULATION 

The parties hereby stipulate to the following matters: 

I . Petitioner filed a petition for vaccine compensation under the National Vaccine Injury 

Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program"). The petition 

seeks 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 immunization on September 25, 2013. 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that she suffered a shoulder injury as a result of receiving the flu 

vaccine, and suffered the residual effects of this alleged injury for more than six months. 

5. Petitioner repr~sents that there has been no prior award or settlement of a civil action 

for damages on her behalf as a result of her condition. 

6. Respondent denies that the flu vaccine caused petitioner's shoulder injury or any other 

injury or 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 

compensation 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 petitioner. This amount 

represents compensation for all damages that would 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 compensation 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 costs incurred in proceeding 

upon this petition. 

l 0. Petitioner and her attorney represent that compensation to be provided pursuant to 

this Stipulation is not for any items or services for which the Program is not primarily liable 

Wlder 42 U.S.C. § 300aa-15(g), to the extent that payment has been madt: or can reasonably be 

expected to be made under any State compensation programs, insurance policies, Federal 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 basis. 

11 . Payment made pursuant to paragraph 8 and any amounts awarded pursuant to 

paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject 

to the availability of sufficient statutory funds. 

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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 provided 

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 Compensation 

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 of Federal Claims as petition No. 16-890V. 

14. If petitioner should die prior to entry of judgment, this agreement shall be 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 tenns 

of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a 

decision that is in complete conformity with the terms of this Stipulation, then the parties' 

settlement and this Stipulation shall be voidable at the sole discretion of either party. 

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16. TIUs Stipulation expresses a full and complete negotiated settlement of liability and 

damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except 

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 this 

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 of compensation 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, administrators, successors, and/or assigns. 

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END OF STIPULATION 

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