# In the Unit ed States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: December 3, 2018

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

ANN FLY, * No. 17

- 1200V

*

Petitioner, * Special Master Sanders

*

v. *

*

SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”)

AND HUMAN SERVICES, * Vaccine; Pneumococcal C onjugate V accine ;

* Systemic Inflammatory Response S yndrome

Respondent. * (“SIRS”)

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

Danielle Anne Strait

, Maglio Christopher & Toale, W A

, for Petitioner.

Ann Donohue Martin

, United States Department of Justice, Washington, D

. C

. , for Respondent.

DECISION 1

On September 6 , 2017

, Ann Fly (“ Petitioner ”) filed a petition for compensation pursuant

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

- 10 to

- 34 (2012).

The petition alleged that the influenza (“flu”) and pneumococcal conjugate vaccine s Petitioner

received on September 15 , 201 4

, and September 25, 2015, caused her to suffer from systemic

inflammatory response syndrome (“ SIRS ”). See Stip. at 1 , ECF No. 29

.

On November 30 , 2018 , the parties filed a stipulation in which they state that a decision

should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu

and pneumococcal conjugate vaccines caused Petitioner’s alleged SIRS

. Id. Nevertheless, the

parties agree to the joint stipulation, attached hereto as Appendix A. 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 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)). As provide d 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 medic al 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. Hereafter, for ease

of citation, all “ §” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2

The parties stipulate that Petitioner shall receive the following compensation:

A lump sum of $ 65 ,000.00 in th e form of a check payable to [P] etitioner. This

amount represents compensation for all d amages that would be available under

42 U.S.C. § 300aa

- 15(a ).

Id.

The undersigned approves 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.Case 1:17-vv-01200-UNJ Document 29 Filed 11/30/18 Page 1 of 5Case 1:17-vv-01200-UNJ Document 29 Filed 11/30/18 Page 2 of 5Case 1:17-vv-01200-UNJ Document 29 Filed 11/30/18 Page 3 of 5Case 1:17-vv-01200-UNJ Document 29 Filed 11/30/18 Page 4 of 5Case 1:17-vv-01200-UNJ Document 29 Filed 11/30/18 Page 5 of 5