# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 313 V

UNPUBLISHED

DAVID MCKNIGHT

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 27, 2022

Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury

Related to Vaccine Administration (SIRVA)

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA , for Petitioner.

Lara Ann Englund

, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1

On February 27, 20 19

, David McKnight 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 he suffered a shoulder injury related to vac cine administration (SI RVA) after receiving an influen za (flu) vaccination on September 14,

2017 . Petition at 1 ; Stipulation, fil ed at June 23, 2022

, ¶¶ 1

- 2

. Petitioner further alleges

that the vaccination was administered within the Unite d States, his injury lasted longer

than six mo nths, and that he has neither received compensation in the form of an award

or settlement for his vaccine related injuries, nor has he ever filed a civil action for his vaccine related injuries . Petit ion at 1, 4

- 5 ; Stipulation at ¶¶ 3

- 5

. “ Respondent denies that [P]etitioner sustained a SIRVA T abl e inju ry; denies that the flu vaccine caused [P]etitioner ’ s alleged shoulder injury, or any other injury; and denies that his current condition is a sequelae of a vaccine

- rela ted injury. ” Stipulation at ¶ 6.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). This means the D ecision will be available to anyone with access to the

internet. 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, I agree that the identified material f its within this definition, I 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 section references to the Vaccine Act will be to the p ertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

Nevertheless, on June 23, 2022

, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, I award the following compensation:

A lump sum of $ 71,0 00 .00 in the form of a check payable to P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages

that wo uld be available under Section 15 (a). Id

.

I approve the requested amount for P etitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision. 3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran 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.