# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: July 20, 2021

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

TORREY SEELY

, * No. 1 9

- 1258 V

*

Petitioner, * Special Master Sanders

v. *

* Stipulation for Award; Influenza

SECRETARY OF HEALTH * (“Flu”) Vaccine; Shoulder I njury

AND HUMAN SERVICES, * Re lated to Vaccine Administratio n

* ( “ SIRVA ” )

Respondent. *

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

Maximillian Muller

, M uller Braz il, LLP

, Dresher, PA

, for Petitioner.

Lauren Kells , United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On August 22, 2019

, Torrey Seely (“Petitioner”) filed a petition for compensation pursuant

to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 10 to

- 34 (2012) ; Pet.

at 1, ECF No. 1

. Petitioner alleged that the influenza (“flu”) vaccine s he received on January 27,

2018

, caused her to suffer a SIRVA Tab le injury

. Pet. at 1. Petitioner further alleged that he r

“ symptoms began within forty

- eight (48) hours of vaccination and l asted for more than six (6)

mon ths. ” Id.

On Ju ly 20 , 202 1 , the parties filed a stipulation in which they state that a decision should

be entered awarding compensation to Petitioner. Stip. at 2, ECF No. 28. Respondent “ denies that

the flu vaccine c aused [P]etitioner to suffer a left shoulder inju ry or any other injury or her current

condition, and denies that [Petitioner] sustained a SIRV A Table injury. ” Id. Nevertheless, the

parties agree to the joint stipula tion, attached hereto as Appendix A. Id. I find the stipulation

reasonable and adopt 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:

1 This D ecision shall be posted 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 (2012)). This means the Dec ision will be available to anyone with access to

the Internet. 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 i n 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 National Childhood Vaccine Injury Act of 1986, Pu b L. No. 99

- 660, 100 Stat. 3755.2 A lump sum of $ 45

, 680 .00 in the form of a check payable to [P]etitioner.

This amount represents compensation for all damages that would be

available under 42 U.S.C. § 300aa

- 15(a) [

. ]

Id

.

I approve 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 C lerk of

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

IT IS SO ORDERED.

s/ Herbrina D. Sanders

Herbrina D. Sanders

Special Master

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

renouncing the right to seek review.