# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 819 V

Filed: Septe mber 23 , 2014

* * * * * * * * * * * * * * * * UNPUBLISHED

LISA ANN HAMBLETON

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Joint Stipulation on Damages;

v. * Influenza ( Flu ) Vaccine;

* Rheumatoid Arthritis ( RA)

. SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Responde nt. *

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

Kevin A. Mack

, L aw Offices of Kevin Mack

, Tiffin, OH, for P etitioner

. Lindsay Corliss

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On October 2 1 , 2013

, Lisa Ann Hambleton (“ P etitioner ”) filed a petition pursuant to the

National Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006).

Petitioner alleged that s he suffered from rheumatoid arthritis (“ R A ”) as a result of an influenza

(“flu”) vaccine administered to her on October 20, 2010

. 3

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 tra de 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 o f privacy.” Vaccine Rule

18(b).

2 The Natio nal 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 thi s decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

3 Petitioner initially alleged that she had been injured by a n H1N1 influenza vaccine she received

on October 19, 2010. Petition at 1. She subsequently f iled a cont emporaneous vaccine record

reflect ing that she had in fa c t received a seasonal influenza vaccine , and that it had been

administered on Oct ober 20, 20 10

. Petitioner ’ s Exhibit 31 at 1.

1On Se ptember 22

, 2014

, the parties filed a stipulation in which they state that a decision

should be entered awarding compensation.

Respondent denies that the flu vaccine i s the cause of Petitio ner ’ s alleged RA and/or any

other injury

. 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 P etitioner shall receive the following compensation:

A lump sum of $ 106,789.45 in the form of a check payable to P etit ioner. This

amoun t represent s compensation for all damages that would be available under 42 U.S.C.

§ 300aa

- 15(a).

Stipulation ¶ 8.

The undersigned approves the requested amo unt for P etitioner ’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. 4

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master

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

notice renouncing the right to seek review.

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