In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: July 20, 2021

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

TORREY SEELY, * No. 19-1258V

*

Petitioner, * Special Master Sanders

v. *

* Stipulation for Award; Influenza 

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

AND HUMAN SERVICES, * Related to Vaccine Administration

* (“SIRVA”)

Respondent. *

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

Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.

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

DECISION1

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 she received on January 27, 

2018, caused her to suffer a SIRVA Table injury. Pet. at 1. Petitioner further alleged that her 

“symptoms began within forty-eight (48) hours of vaccination and lasted for more than six (6) 

months.” Id. 

On July 20, 2021, 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 caused [P]etitioner to suffer a left shoulder injury or any other injury or her current 

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

parties agree to the joint stipulation, 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 Decision 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 Decision 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 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).

2 National Childhood Vaccine Injury Act of 1986, Pub 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 Clerk of 

Court 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.