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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-1147V Filed: September 6, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * SHARON NATHANS, *

* Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Shoulder * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA ”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”)

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washingt on, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On October 7, 2015, Sharon Nathans (“petitioner”) filed a petition for compensation under the National Vaccine Inju ry Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIR VA”) as a result of receiving an influenza (“flu”) vaccine on November 15, 2012. Petiti on at 1; Stipulation, filed September 2, 2016, at ¶ 4. Petitioner further alleges that she suffered the residual effects of this injury
for more than six months. Peti tion at 3; Stipulation at ¶ 4. “Respondent denies that the flu vaccine caused petitioner’s SIRVA or any other injury or her current condition.” Stipulation at ¶ 6.

Nevertheless, on September 2, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered aw arding compensation. The

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 undersigned finds the stipulat ion reasonable and adopt s it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that petitioner s hall receive the following compensation:

A lump sum of $50,000.00, in the fo rm of a check payable to petitioner

. Stipulation at ¶ 8. Th is amount represents compens ation for all items of damages that would be availabl e 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 Append ix B, the clerk of the court is directed to enter judgm ent 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 c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.