# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17-0240V Filed: February 9, 2018

UNPUBLISHED

SARAH WALLEY,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

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

Related to Vaccine Administration (SIRVA)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On February 21, 2017, Sarah Walley (“petitioner”) filed a petition for compensation under the National Vaccine Inju ry Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she suffered right shoulder injuries as a result of an influenz a (“flu”) vaccine she received on October 7, 2015. Petition at 1; Stipulatio n, filed February 9, 2018, at ¶ 4. Petiti oner further alleges

that she suffered the residual e ffects of her injury for more than six months. Petition at 2-3; Stipulation at ¶ 4. “Respondent denies that the flu vaccine caused petitioner’s alleged right shoulder injuries or any other injury and further denies that her current disabilities are a sequela of a vaccine-rela ted injury.” Stipulation at ¶ 6.

Nevertheless, on February 9, 2018, the parties filed the attached joint stipulation, stating that a decision s hould be entered awarding compens ation. The undersigned

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, the undersigned

awards the following compensation:

A lump sum of $65,000.00, in the fo rm 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.