# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 0415 V

UNPUBLISHED

TON YA LEMAY

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 12, 2021

Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury

Related to Vaccine Administration (SIRVA)

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA , for petitioner.

Kyle Edward Pozza , U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATIO N 1

On March 19, 2019

, T onya LeMay filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. 2 ( the

“Vaccine Act” )

. Petitioner alleges that she suffered a shoulder injury related to vaccine

admin istration ( “ SIRVA ” ) which meets the definition for a Table SIRVA Injury after receiving the influenza vaccine on November 4, 2016. Petition at 1 ; Stipulation

, fil ed at

Jan. 12

, 2021

, ¶¶ 1

- 2, 4

. Petitioner further alleges she received the vaccination in the United States, that she suffered the residual effects of her injury for more than six months, and that neither she nor any other party has filed a civil action or received an award for her injury . Petit ion at ¶¶ 2, 26

- 28 ; Stipulation at ¶¶ 3

- 5

. “Respondent denies that the flu vaccine caused [P ]etitioner to suffer a left shoulder injury or a ny other injury

, and denies that [P]etitioner sustained a SIRVA Table Injury. ” Stipulation at ¶ 6.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). This means the decision will be available to anyone with access to the

internet. In accordance with Vaccine Rule 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, I agree that the identified material fits within this definition, I will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 6 60, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

Nevertheless, o n January 12, 2021

, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein.

Pursuant to the term s stated in the attached Stipulation

, I award the following compensation:

A lump sum of $ 85,000.00 in the form of a check payable to P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages

that wo uld be available under Section 15 (a). Id

.

I approve the requested amount for P etitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision. 3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filin g of notice renouncing the right to seek review.