1

* * * * * * * * * * * * * * * * * * * MELINDA MIDDLEBROOKS , * UNPUBLISHED
* Petitioner , * No. 1 6

- 1413 V
*
v. * Special Master Dorsey
* SECRETARY OF HEALTH * Decis ion Based on Stipulation; AND HUMAN SERVICES, * Influenza ( “ Flu ” ) Vaccine; Shoulder
* Injury Related to Vaccine Respondent. * Administration.
* * * * * * * * * * * * * * * * * * * *

Leah V . Durant , Law Offices of Leah V . Durant , PLLC, Washington , DC , f or peti t io ne r

. Ryan D. Pyles , US Department of Justice, Washington, DC , for respondent.
DECISION BASED ON STIPULATION 1

On October 27, 2016 , Melina Middlebrooks ( “petitioner ”) filed a petition in the National Vacc ine Injury Compensation Progra m

. 2 Pet itione r al l eg ed that a s a result of influenza (“ flu ”)
v accine on September 15, 2 015 , she suffer ed from a shoulder injury related to vaccine administration ( “ SIRVA ” )

. Petition at Preamble (ECF No. 1)

. On November 12 , 2020 , the parties filed a st ipu lation rec ommend in g an award of compensation to peti tioner

. Stipulation (ECF No. 83 ). Respondent cont inues to maintain his contrary position to the undersigned ’ s Ruling on Entitlement, finding petitioner entitled to

1 B ecause this Decision contains a reas o ned explanation for the action in this case, the undersigned is required to post it on the United States Court of Fed eral Cla ims’ website in
acc ordance with t he E

- Government Act of 2002. 44 U.S. C. § 3501 note (2012) ( F ederal Management and Promotion of E l ectronic Government Services). This means the D ecision will be available to anyone wit h access to the I nternet. In accordan ce with Vaccine Rul e 18(b), petit ioner has 14 day s to identify and mov e to redac t medical or o ther information, the disclosure of w hich would constitute an unwarranted invasion of privacy. If, upon review, the undersi gned agrees that the iden tifie d materi al fits within this definition, t he undersigned w ill redact such mater ial from p ublic access.

2 The National Vaccine Injury Com p ensation Program is set forth in Part 2 of the N ational Chi ldhood Vaccine Injury Act of 1986, Pub. L. No . 99

- 660, 100 Stat. 3 755, codified as am ended, 42 U.S. C. §§ 300aa

- 1 to

- 34 (2012) (“Vaccine Act” or “ the Act”). Al l citations in this D ecision to indi v idual sections of t he Vaccine Act are to 42 U.S. C . § 300aa

. 

# In the Uni ted State s Court of Federal Claims

OFFICE OF SPECIAL M ASTERS Filed: November 12, 20202

The parties stipulate that peti ti oner shall receive the following compensation: (1) A lum p sum of $ 87,464.26 i n the form of a che ck payable to petitioner
.
T h is amount represent s compensati on for all dam ages that would be available under 42 U.S. C . § 300aa

- 15(a). Stipulation at ¶ 8.

Th e undersigned approves the r equested am ount for petition er ’ s compensa tion. A ccordingly, an awar d should be ma de consistent wi th the stipulation.

In the ab sence of a mot ion for review filed pursuant to RCFC Appe n dix B, the Clerk of Court SHALL ENTER JUDG MENT in accordance with the terms of th e parties’ stipul ation. 3

IT I S SO ORD ERED.
s/Nora B. Do rsey Nora B. Dorsey Specia l Master

3 Pursuant to Vaccine Rule 11(a), entry of j udgment is ex pedited by the parties’ joi nt filing of
n otice renouncing the right to seek re view. compensation, but will not se ek review of the unders ig ned ’ s determination of e ntitlement upon its memorialization as a r eviewable decision. Nevertheless, the parties agree to the joi nt stipulation, attached hereto as Appendix A. The u ndersigned finds the sti pulation reasona ble and adopts it a s the decisi on of the C ourt in awa rding damages, on the te rms set forth therein.