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In the United States Court of Federal 

Claims

OFFICE OF SPECIAL MASTERS

No. 12-722V

Filed: March 20, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

KIMBERLY SIMMONDS, *

 *

 * Special Master Dorsey

Petitioner, *

 *

v. *

 * Joint Stipulation on Damages;

SECRETARY OF HEALTH * Influenza vaccine;

AND HUMAN SERVICES, * Peripheral Neuropathy.

 *

Respondent. *

 *

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

Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.

Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.

DECISION1

On October 25, 2012, Kimberly Simmonds (“petitioner”) filed a petition pursuant to the 

National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). 

Petitioner alleged that as a result of receiving an influenza (“flu”) vaccine on September 19, 

 

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, 

the undersigned intends to post this ruling on the website of the United States Court of Federal 

Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 

Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 

Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any 

information furnished by that party: (1) that is a trade secret or commercial or financial in 

substance and is privileged or confidential; or (2) that includes medical files or similar files, the 

disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 

18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National 

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 

42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to 

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
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2011, she suffered from peripheral neuropathy. Stipulation at ¶ 2, 4. Further, petitioner alleged 

that she experienced residual effects of her injury for more than six months. Id. at ¶ 4.

On March 20, 2015, the parties filed a stipulation in which they state that a decision 

should be entered awarding compensation. Respondent denies that the flu vaccine caused or 

significantly aggravated petitioner’s alleged injury or any other injury, and also denies that 

petitioner’s current disability is the result of a vaccine-related injury. Id. at ¶ 6. Nevertheless, the 

parties agree to the joint stipulation, attached hereto as Appendix A. 

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 that petitioner shall receive the following compensation:

A lump sum of $25,000.00, in the form of a check payable to petitioner, Kimberly 

Simmonds. This amount represents compensation for all damages that would be 

available under 42 U.S.C. § 300aa-15(a).

Id. at ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. 

Accordingly, an award should be made consistent with the stipulation. 

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ 

stipulation.3

IT IS SO ORDERED.

s/ Nora Beth Dorsey

 Nora Beth Dorsey

Special Master

 

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Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of 

notice renouncing the right to seek review.