# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: June 24, 2019

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

EARDEAL MILLER

, * UNPUBLISHED

*

Petitioner, * No. 16

- 1566V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Influenza ( “ Flu ” ); Shoulder

AND HUMAN SERVICES, * Injury Related to Vaccine

* Administration ( “ SIRVA ” );

Respondent. * Stipulatio n.

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

Milton C. Rag sdale

, Ragsdale LLC, Birmingh a m, AL , for petitioner.

Colleen C. Hart ley , United States Department of Justice, Washington, DC, for respondent.

DECISION ON STIPULATION 1

On November 23, 2016, Eardeal Miller ( “ petitioner ” ) filed a petition for compensation

within the National Vaccine Injury Compensation Program. 2 Petition (ECF No. 1). Petitioner

receiv ed an influenza ( “ flu ” ) vaccination on or about December 6 , 2015. Stipulation filed

June 24, 2019 (ECF No. 71 ) at ¶ 2. Petitioner alleged that as a consequence of that flu

vac cin ation, she suffered a shoulder injury related to vaccine administration ( “ SIR V A ” )

. Id.

at ¶ 4. Petitioner further allege d that she suffered the resi dual effects of this injury for more

than six months. Id.

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this opinion contains a

reasoned explanation for the action in this case, I intend to post it on the website of the United States

Court of Federal Claims. The Court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before

the opinion is posted on the Court’s website, each party has 14 days to file a motion requesting 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). An objecting party must provide the

Court with a proposed redacted version of the opinion. Id. If neither party files a motion for redaction within

14 days, the opinion w ill be posted on the Court’s website without any changes. Id.

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

(2012) ( 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.2

On June 24 , 20 19, respondent filed a stipulation providing that a de cision should be

entered awarding compensation to petitioner . Stipulation . Respondent denies that petitioner

suffered a Table injury; denies that the flu vaccine caused petitioner ’ s alleged SIRVA or a ny

other injury; and further denies that her alleged current disabilit ies are a sequela of a vaccine

related injury. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now

agree that the issues between them shall be settled and that a decision should be entered

awarding compensation accordin g to the terms of the stipulation attached hereto as Appendix

A

. Id. at ¶ 7

.

The stipulation awards:

1) A lump sum of $ 1 5 ,000.00, in the form of a check payable jointly to petitione r , representing compensation for all damages that would be available under 42

U.S.C. § 300aa

- 15(a)

.

I find the stipulation reasonable and I adopt it as the decision of the Court in awarding

damages, on the terms set forth therein. Accordingly, the Clerk of the Court SHALL

ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

I T IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule

11(a).