# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-981V Filed: August 25, 2015 Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * * KIM FINCH, *

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

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Michael McLaren, Black McLaren Jones Ryla nd & Griffee, PC, Memphis, TN, for petitioner. Jennifer Reynaud, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Vowell , Chief Special Master:

On October 14, 2014, Kim Finch fil ed a petition for co mpensation under the National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 [the “Vaccine Act” or “Progr am”]. Petitioner alleges that as the result of an influenza [“flu”] vaccination on October 24, 2013, she suffere d a Shoulder Injury Related to Vaccine Administration [“SIRVA”]. Petiti on, at 1; Stipulation, file d August 24, 2015, ¶¶ 2, 4. Petitioner further alleges that she experienced t he residual effects of th is injury for more than six months, has filed no other action for this injury, and has received no prior award or settlement for this injury. Petition, ¶¶ 7- 8; Stipulation, ¶¶ 4-5. “Respondent denies that petitioner’s alleged SI RVA and residual effects were caused-in-fact by the flu vaccine. Respondent further denies that the flu vaccine caused petitioner any other injury or her current condi tion.” Stipulation, ¶ 6.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post it on the United States Court of Federal Clai ms' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Sta t. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 mate rial fits 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 “§” references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Nevertheless, the parties have agreed to se ttle the case. Sti pulation, ¶ 7. On August 24, 2015, the parties filed a joint st ipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to pay petitioner a lump sum of $76,000.00 in the form of a check payable to petitioner. Stipulation, ¶ 8. This amount repr esents compensation for all damages that would be availabl e under 42 U.S.C. § 300aa-15(a). Id

.

I adopt the parties’ stipulation attac hed hereto, and award compensation in the

amount and on the terms set forth therein. In the absence of a motion for review filed pursuant to RCFC Appendix B, t he clerk of the court is di rected to enter judgment in

accordance with this decision. 3

IT IS SO ORDERED.

s/Denise K. Vowell

Denise K. Vowell Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.