# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1 873 V

UNPUBLISHED

BAILEY MCCAMMON

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 30, 2020

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.

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

DECISION ON JOINT STIPULATION 1

On December 4, 2017

, Bailey McCammon filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. 2 ( the

“Vaccine Act” )

. Petitioner alleges that she suffered a shoulder injury related to vaccine administration ( “ SIRVA ” ) as a result of an influenza ( “ flu ” ) vaccine administered on October 5, 2015 . Petition at 1 ; Stipulation

, fil ed on December 30, 2020

, at ¶¶ 1

- 2, 4

. Petitioner further alleges that the vaccine was administered within the United States; that she experienced the residu al effects of her c ondition for more than six months; and that there has been no pri or award or settlement of a c ivil action for damages on her behalf

as a result o f her condition . Petit ion at 1, 4 ; Stipulation at ¶¶ 3

- 5

. “Respondent denies that petitioner su stained a SIRVA Table injury; denies that the vaccine c aused petitioner ’ s alleged should er injury, or any other injury; and denies that her current condition is a

sequ elae of a vaccine

- related injury. ” Stipulation at ¶ 6.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available 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 w hich would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 6 60, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

Nevertheless, o n December 30, 2020

, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set

forth therein.

Pursuant to the term s stated in the attached Stipulation

, I award the following compensation:

• A lump sum of $2, 883.22, which amount represents full satisfaction of

a lien for services rendered on behalf of P etitioner, in the form of a check payable jointly to P etitioner and

MDwise 2 Pierce Place, Suite 1900
Itasca, IL 60143

Case #: 3261654

Petitioner agrees to endor se this payment to the appropriate State agency

.

• A lump sum of $ 58,000.00 in the form of a check payable to P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all rem aining

items of damages that wo uld be available under Section 15 (a).

I approve the requested amount for P etitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix 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 can be expedited by the parties’ joint filin g of notice renouncing the right to seek review.