In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-0603V 

Filed: September 11, 2017

UNPUBLISHED

JEANETTE EILAND, 

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Scott B. Taylor, Urban and Taylor, S.C., Milwaukee, WI, for petitioner.

Claudia B. Gangi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On May 23, 2016, Jeanette Eiland (“petitioner”) filed a petition for compensation 

under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et 

seq.,

2 (the “Vaccine Act”). Petitioner alleges that an influenza (“flu”) vaccination she 

received on October 30, 2014, resulted in a shoulder injury related to vaccine 

administration (“SIRVA”). Pet. at preamble; Stip., filed Sept. 8, 2017, at ¶¶ 1, 2, 4. 

Petitioner further alleges that the vaccine was administered in the United States, that 

she experienced the residual effects of her injury for more than six months, and that 

there has been no prior award or settlement of a civil action for damages as a result of 

her condition. Pet. at ¶¶ 2, 15-16; Stip. at ¶¶ 3-5. Respondent denies that the flu 

vaccination caused petitioner’s alleged SIRVA or any other injury or her current 

condition. Stip. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 Court 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 information, the disclosure of which would constitute an 

unwarranted invasion of privacy. If, upon review, the 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 Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

Nevertheless, on September 8, 2017, the parties filed the attached joint 

stipulation, stating that a decision should be entered awarding compensation. The 

undersigned finds the stipulation reasonable and adopts it as the decision of the Court 

in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, the undersigned

awards the following compensation:

A lump sum of $60,000.00 in the form of a check payable to petitioner, 

Jeanette Eiland. Stipulation at ¶ 8. This amount represents compensation for 

all items of damages that would be available 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 Appendix B, the clerk of 

the court is directed to enter judgment 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 can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.