# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-460V Filed: November 17, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * LINDA K. RUSSELL, *

* Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”); Shoulder Injury

* Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); Special Processing AND HUMAN SERVICES, * Unit (“SPU”)

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Daniel Leeper, Leeper & Leeper, St. Pe tersburg, FL, for petitioner. Jennifer Reynaud, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On April 11, 2016, petitioner filed a petition for compens ation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she suffe red a shoulder injury related to vaccine administration (“SIRVA”) following an influenz a (“flu”) vaccination administered on October 19, 2013. Petition at 1; Stipulatio n, filed November 16, 2016, at ¶¶ 2, 3. Petitioner further alleges the vaccine was ad ministered within the United States, that
she suffered the residual effects of her alleged injury for mo re than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf. Petition at 1, 9; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged shoulder injury and residual effects were caus ed-in-fact by the flu vaccine. Respondent further denies that the flu vaccine caused pet itioner any other injury or her current condition.” Stipulat ion at ¶ 6.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 Nevertheless, on November 16, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered aw arding compensation. The undersigned finds the stipulat ion reasonable and adopt s it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that petitioner s hall receive the following compensation:

A lump sum of $105,529.92 in the form 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.