# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-1457V Filed: February 21, 2017

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * JASON JOHNSON, *

* Petitioner, * Joint Stipulation on Damages; v. * Influenza (“ Flu”); Shoulder Injury

* Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Alexis Babcock, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On December 2, 2015, pet itioner filed a petition for compensation under the National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that he suffered a shoulder injury related to vaccine administration (“SIRVA”) following an influenza (“flu”) vaccination on October 29, 2014. Petition at 1; Stipulation, f iled February 21, 2017, at ¶ 1. Petitioner further alleges that

the vaccine was administered within the United States, he has experienced the residual effects of the alleged injury for more than six months, and there has been no prior
award or settlement of a civil action for dam ages as a result of his alleged injury. Petition at 1-3; Stipulation at ¶¶ 3-5. “Respondent denies t hat petitioner’s alleged injury was caused-in-fact by his flu vaccination, an d denies that the vaccine caused any other injury or his current condition. ” Stipulation at ¶ 6.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 Nevertheless, on February 21, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered aw arding compensation. The 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 $65,000.00 in the form 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.