# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 96 V Filed: November 22, 2016 UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * TIMOTHY NEEL, * * Petitioner, * Joint Stipulation on Damages;

v. * Influenza (“Flu”) Vaccine ; * Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Dustin Lujan

, Richard Gage, P.C., Cheyenne, WY

, for petitioner. Lara Englund

, U .S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Dorsey

, Chief Special Master:

On January 19, 2016

, Timothy Neel (“ petitioner ”) 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 t he influenza vaccine he received on October 22, 2014 resulted in a chronic left shoulder inju ry . Petition at ¶¶ 2, 6 ; see also Stipulation, filed Nov. 22, 2016, at ¶¶ 1-2, 4. Petitioner further alleges that he received the vaccination in the United States, suffer ed the residual effects of his injury for more than six months, and neither he nor anyone else to his knowledge has participated in or collected an award or settlement from any civil action for his injury alleged as vaccine caused. Petition at ¶¶ 2 , 7 -8; see also Stipulation at ¶¶ 3-5. “ Respondent denies that the flu vaccine is the cause of petitioner ’ s alleged SIRVA or any other injury or his current condition. ” Stipulation at ¶ 6.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the 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 Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

Nevertheless, o n November 22, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate th at petitioner shall receive the following compensation:

A lump sum of $ 67, 5 00 .00, in the form of a check payable to petitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available 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 Appendix B, the clerk of the court is directed to enter judgment 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 can be expedited by the parties’ joint filing of notice renouncing the right to seek review.