# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-894V (Not to be published)

* * * * * * * * * * * * * * * * * * * * * * * * * * JAIME RENEE BRUNKAN, * * Filed: July 22, 2014 Petitioner, * *

v. * *
SECRETARY OF HEALTH * Decision by Stipulation; Damages ; AND HUMAN SERVICES, * Influenza (Flu) Vaccine; Shoulder Injury * Related to Vaccine Administration (SIRVA) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Carol L. Gallagher

, Carol L. Gallagher, Esq , Linwood, NJ, for Petitioner.

Melonie J. McCall , U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On November 12, 2013, Petitioner Jaime Renee Brunkan filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”). 2 Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving the influenza (“flu”) vaccination.

1 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the United States Court of Federal Claims’ website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. §

300aa

- 12(d)(4)(B), however , the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party h as 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclos ure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. ( Id. )

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Chi ldhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended, 42 U.S.C.A. ' 300aa

- 10

- ' 300aa

- 34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa.Respondent denies that Petitioner’s SIRVA or any related medical problems were caused by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above

- stated positions, agreed in a stipulation filed July 21, 2014 that the issues b efore them can be settled, and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awardin g damages on the terms set forth therein.

The stipulation awards:

a) A lump sum of $ 50,000.00, in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa- 15(a). Stipulation ¶ 8.

I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioners. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 3

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Special Master

3 P ursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly (or separately) filing notice(s) renouncing their right to seek review.