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# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0874V Filed: December 7, 2015 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * CHERYL PEDRAZA, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; Shoulder * Injury Related to Vaccine SECRETARY OF HEALTH * Admi nistration (“SIRVA”); Special AND HUMAN SERVICES, * Processing Unit (“SPU”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON J OINT STIPULATION 1 

### Dorsey , Chief Special Master: On August 13, 2015, petitioner 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 she suffered a shoulder injury as a result of an influenza (“flu”) vaccine she received on October 14, 2014. Petition at 1; Stipulation, filed 12/7/2015, ¶ 4. Respon dent states that “[t]here is not a preponderance of the evidence demonstrating that petitioner’s cond ition is due to a factor unrelated to vaccination.” Stipul ation, ¶ 6. Nevertheless, on December 7, 2015, the parties filed a joint stipulation (attached as Appendix A), stating that a decision should be entered awarding compensation. The undersigned finds the stipulat ion reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-3 47, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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.
2National 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 

### The parties stipulate that petitioner s hall receive the following compensation: A lump sum of $115,772.83, in the form of a check payable to petitioner

. Stipulation, ¶8. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id

. The undersigned approves the requested amountfor 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

3Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.

### IN THE UN ITED STA TES COURT OF FEDERAL CLA IMS OFFICE OF SPEC IAL MASTERS
CH ERYL PEDRA ZA, Petitioner,



### v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. ) ) ) ) ) ) ) ) ) ) ) No. 15-874V ECF Chief Special Master Dorsey

**~~ ~~~~**  **~~~~~~~)** 

### STIPU LAT IO N The parties hereby stipulate to the follow ing matters: 1. Petitioner filed a petition for vaccine compensation under the Nat ion a l Vacci ne In jury Compe n sa tion Pro gram, 42 U.S.C. 

### §§ 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's re ceipt of the influ enza ("fl u" ) vaccine, which vaccine is contained in the Vaccine Inj ury Table (the "Tab l e"), 42 C.F.R. 

### § I 00.3(a). 2. Petitioner received t h e flu · vaccination on or abo ut October 1 3, 20 14. 3. The vaccine was ad mini stered with in the Unite d States. 4. Petitioner suffered a shoulder injury related to vacci ne admi ni stration ("SIRVA"). This includes, but is not limited to, petitioner's right shoulder bursitis, ri ght anterio r shoulder l esion, and nodular fasci itis. 5. Petitione r experienced the resid u al effec ts of her injury for more than six month s. 6. There i s not a prepon derance of evidence demonstratin g that petitioner's con dition i s due to a factor unrelated to vaccination.7. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition. 8. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act for her SIRVA. Therefore , a decision should be entered awarding the compensation described in Paragraph 9 of this stipulation. 9. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of th is Stipulat ion , and after petitioner has filed an e l ection to receive compen sation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $115,772.83 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa- 1 5(a). 10. As soon as practicab le after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), and an application, the parties will sub mit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 11. Petitioner and her attorney represent that they h ave identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U .S.C. § 300aa- 1 5(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other th an Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.



### 212. Payment made pursuant to paragraph 9 of this Stipulation, and any amou nts awarded pursuant to paragraph I 0 of this Stipulation, will be made in accordance with 42 U.S.C. 

### § 300aa15(i), subject to the availability of sufficient statutory funds. 13. The parties and their attorneys further ag ree and stipulate that, except for any award for attorney's fees and litigation costs, and past out-of-pocket expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict constrnction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S .C. 

### § 300aa-l 5(g) and (h). 14
. In return for the payments desc1ib ed in paragraphs 9 and 10, petitioner, in her individual capacity, and on behalf of his heirs, executors, administrators, successors and/or assigns, does forever irrevocably and unconditionally rel ease, acquit and discharge the United States and the Secretary of He alth and Human Services from any and all actions or causes of action (including agreements, judgmen ts, claims, damages, los s of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely broug ht in the Court of Federal Claims, under the National Vaccin e Injury Compensation Program , 42 U.S
. C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or a ll eged to h ave resulted from, th e flu vaccine administered on or about October 13, 2014, as alleged by petitioner in a petition for vaccine compensation filed on
or about August 13, 2015, in the United States Court of Federal Claims as petition No. 15-874V
. 15. Ifpetitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties.

3/ 16. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stip ul ation, then the parties' sett l ement and thi s Stipulation shall be voidable at the so le discretio n of either party . 17. Th is Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, 

### as amended, except

as otherwise noted i n paragraph 10 above. There is abso lu tely no agreement on the p art of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective pos iti ons as to liability and/or amount of dam ages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 18. All ri g hts and obligat ions of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or ass ign s. 

### END OF STIPULATION

4Respectfully submitted, PETITIONER: 

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ATTORNEY OF RECO PETITI R: 

## I IM J. MULLER

Muller Brazil, LLP 7 15 Twining Road Suite 107 Dresher, PA 19025 (215) 885-1655

AUTHORIZED REPRESENTATIVE OFTHESECRETARYOFHEALTH AND VICES:
OUSTON, M.D., M.P.H, FAAP Acting Director, Division ofVaccine Injury Compensation (DVIC), Acting Director Countenneasures Injury Compensation Program (CICP) Healthcare Systems Bureau, U.S. Department OfHealth and Human Services 5600 Fishers Lane 

### Parklawn Building, Mail Stop l lC-26 Rockville, MD 20857
Dated: 

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5 AUTHORIZED REPRESENTATIVE OF THE ATIORNEY 

### GENERAL:



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Deputy Director Torts Branch Civil Division 

### U.S. Department of Justice 

### P.O. Box 146 Benjamin Frankli n Station Washington, DC 20044-0146
ATTORNEY OF RECORD FOR RESPONDENT:

DARRYLR. WISHARD Senior Trial Attorney Torts Branch Civil Division U.S. Department 

### of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 (202) 616-4357