1

* * * * * * * * * * * * * * * * * * * KATHY MACALUSO
, * UNPUBLISHED

* Petitioner
, * No. 1 8

- 614 V

*

v. * Special Master Dorsey

* SECRETARY OF HEALTH * Decis ion Based on Stipulation; AND HUMAN SERVICES, * I nfluenz a ( “ Flu ” ) Vaccine; Shoulder

* Injury Related to Vaccine Respondent. * Administration ( “ SIRVA ” ).

* * * * * * * * * * * * * * * * * * * *

Shealene Priscilla Mancuso
, Muller Brazil, LLP
, Dresher, PA
, for petit ione r

. Jennifer Leigh Reynaud , US Department of Justice, Washington, DC , for respondent.

DECISION BASED ON STIPULATION 1

On May 1 , 201 8
, Kathy Macaluso ( “petitioner ”) filed a petition in the National Vacc ine Injury Compensation Program. 2 Pet itione r alleg ed that a s a result of a n influenza ( “ flu ” ) v accine administered to h er on September 30 , 201 6
, petitioner suffered a shoulder injury related to vaccine administration ( “ SIRVA ” )

. Petition at 1

.
On August 26 , 2020 , the parties filed a st ipulation rec ommendin g an award of compensation to peti tioner

. Stipulation (ECF No. 44 ). Respondent denies that the flu vaccine administered on or about September 30
, 201 6 caused petitioner to suffer a SIRVA
, an y other

1 Because this Decision contains a reas o ned explanation for the action in this case, the undersigned is required to post it on the United States Court of Fed eral Cla ims’ website in

acc ordance with the E

- Government Act of 2002. 44 U.S. C. § 3501 note (2012) ( Federal Management and Promotion of E l ectronic Government Services). This means the D ecision will be available to anyone with access to the I nternet. In accordan ce with Vaccine Rul e 18(b), petitioner has 14 day s to identify and mov e to redact medical or other information, the disclosure of w hich would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the iden tifie d materi al fits within this definition, the undersigned w ill redact such mater ial from public access.

2 The National Vaccine Injury Com p ensation Program is set forth in Part 2 of the N ational Chi ldhood Vaccine Injury Act of 1986, Pub. L. No . 99

- 660, 100 Stat. 3 755, codified as am ended, 42 U.S.C. §§ 300aa

- 1 to

- 34 (2012) (“Vaccine Act” or “the Act”). All citations in this D ecision to indi v idual sections of t he Vaccine Act are to 42 U.S. C . § 300aa

. 

# In the Uni ted State s Court of Federal Claims

OFFICE OF SPECIAL M ASTERS Filed: August 26, 20202

injury , or petitioner ’ s current condition

. Nevertheless
, the parties agree to the joint stipulation, attached h ereto as Appe ndix A. The undersigned fi nds the stipulation reasonable and adopts it as the decision of the C o urt in awarding damages, on the terms set forth therein.
The parties stipulate that peti ti oner shall receive the following compensation:

(1) A lum p sum of $ 42,000.00 i n the form of a che ck payable to petitioner

.

T h is amount represent s compensation for all damages that would be available under 42 U.S. C . § 300aa

- 15(a). Stipulation at ¶ 8.

Th e undersigned approves the r equested amount for petition ers’ compensa tion. A ccordingly, an awar d should be made consistent wi th the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appe n dix B, the Clerk of Court SHALL ENTER JUDG MENT in accordance with the terms of the parties’ stipul ation. 3

IT I S SO ORD ERED.

s/Nora B. Do rsey Nora B. Dorsey Special Master

3 Pursuant to Vaccine Rule 11(a), entry of j udgment is ex pedited by the parties’ joi nt filing of notice renouncing the right to seek re view.