In the United 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 Conjugate Vaccine;

 * Systemic Inflammatory Response Syndrome

 Respondent. * (“SIRS”)

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

Danielle Anne Strait, Maglio Christopher & Toale, WA, for Petitioner.

Ann Donohue Martin, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

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 vaccines Petitioner

received on September 15, 2014, 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 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. 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 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.

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 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.
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