# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-1066V

UNPUBLISHED

ERIC SCOTT,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 9, 2021

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

Related to Vaccine Administration (SIRVA)

Theodore J. Hong, Maglio Christopher & T oale, PA, Seattle, WA, for Petitioner.

Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON J OINT STIPULATION 1

On July 23, 2019, Eric Scott filed a pet ition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleges that he suffered a left shoulder injury related to vaccine administration (“SIRVA”) as a result of an in fluenza (“flu”) vaccine ad ministered to him on October 13, 2018. Petition at 1, 5; Stipulation, fil ed at February 9, 2021, ¶¶ 2, 4. Petitioner further alleges that his vaccine related injuries have lasted more than six months after the
administration of the vaccine and surgery. Petition at 5; Stipulation at ¶4. “Respondent denies that petitioner sustai ned a Table SIRVA within the Table timeframe, and denies that the flu vaccine in fact caused his alleged left shoulder injury and residual effects, or any other injury.” Sti pulation at ¶ 6.

Nevertheless, on February 9, 2021, the parties filed the attached joint stipulation, stating that a decision should be entered aw arding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be availa ble to anyone with access to the

internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of whic h would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits with in this definition, I will r edact 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 Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Pursuant to the terms stated in the attached Stipulation, I award the following compensation:

A lump sum of $65,000.00, in the form of a check payable to Petitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages

that would be availabl e under Section 15(a). Id

.

I approve 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 judgment in accordance with this decision. 3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran 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.