# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-0595V Filed: April 10, 2017

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * PATRICIA MILLER, *

* Petitioner, * Joint Stipulation on Damages; v. * Tetanus-Diphtheria-Acellular- * Pertussis (“Tdap”) Vaccine; Left

SECRETARY OF HEALTH * Shoulder Injury; Cellulitis; Special AND HUMAN SERVICES, * Processing Unit (“SPU”)

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Christine M. Becer, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On May 19, 2016, Patricia Miller (“petit ioner”) filed a petition for compensation under the National Vaccine Injury Com pensation Program, 42 U.S.C. §300aa-10, et

seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she received a tetanus-diphtheriaacellular pertussis (“Tdap”) vaccine on July 11, 2014, and thereafter suffered from left shoulder pain and cellulitis which was caused-in-fa ct by the Tdap vaccine. Petition at 1; Stipulation, filed April 10, 2017, at ¶ 4. Petitioner further alleges that her injury lasted for
more than six months. Petition at 3. “Respondent denies that t he Tdap vaccine caused petitioner to suffer from a left shoulder injury or any other injury or her current condition.” Stipulation at ¶ 6.

Nevertheless, on April 10, 2017, the parties filed the attached joint stipulation, stating that a decision s hould be entered awarding compens ation. The undersigned

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 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 terms stated in the attached Stipulation, the undersigned

awards the following compensation:

A lump sum of $99,092.40, in the fo rm of a check payable to petitioner

. Stipulation at ¶ 8. Th is amount represents compens ation for all items of damages that would be availabl e 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 Append ix B, the clerk of the court is directed to enter judgm ent 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 c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.