# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-0907V Filed: August 11, 2017

UNPUBLISHED

ELOISE M. VIATER,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

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

Related to Vaccine Administration (SIRVA)

Jeffrey S. Pop, Jeffrey S. Pop & Asso ciates, Beverly Hills, CA, for petitioner. Douglas Ross, U.S. Department of Just ice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On July 29, 2016, petitioner filed a pet ition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that as a result of an influenza (“flu”) vaccine she received on August 19, 2015, she suffered a left shoulder injury related to vaccine administration (“SIRVA”). Petition at 1; Sti pulation, filed August 11, 2017, at ¶ 4. Petitioner further alleges that her injury lasted fo r more than six months. Petition at 4; Stipulat ion at ¶ 4. “Respondent denies that the fl u vaccine caused petitioner to suffer from a shoulder injury or any other injury.” Stipulation at ¶ 6.

Nevertheless, on August 11, 2017, the parties filed the attached joint stipulation, stating that a decision s hould be entered awarding compens ation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Pursuant to the terms stated in the attached Stipulation, the undersigned

awards the following compensation:

A lump sum of $75,000.00, in the fo rm of a check payable to petitioner

. Stipulation at ¶ 8. Th is amount represents compens ation for all items of damages that would be availabl e 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 Append ix B, the clerk of the court is directed to enter judgm ent 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 c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.