# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-0774V Filed: December 6, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * MELISSA JONES, *

* Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Anaphylaxis; * Hypotension; Cholecystitis;

SECRETARY OF HEALTH * Chole cystectomy; Special Processing AND HUMAN SERVICES, * Unit (“SPU”)

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Joseph Tedford McFadden, Rawls, McNelis & Mitchell, Norfolk, VA, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On July 23, 2015, Melissa Jones (“petit ioner”) filed a petition for compensation under the National Vaccine Injury Com pensation Program, 42 U.S.C. §300aa-10, et

seq.

, 2 (the “Vaccine Act”). Petitioner alleges t hat as a result of receiving an influenza (“flu”) vaccine on November 2, 2012, s he suffered from se vere anaphylaxis, hypotension, and acute cholecystitis which r equired a cholecystectomy. Petition at 1; Stipulation, filed December 5, 2016, at ¶ 4. Petitioner fu rther alleges that she suffered
the residual effects of her va ccine injury for mo re than six months. Petition at 5; Stipulation at ¶ 4. “Respondent denies that the flu immunization is the cause of petitioner’s alleged an aphylaxis, hypotension, and chol ecystitis resulting in a cholecystectomy, and/or any other in jury.” Stipulatio n at ¶ 6.

Nevertheless, on December 5, 2016, t he 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 $40,000.00, 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.