In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-1544V 

 Filed: November 27, 2017 

UNPUBLISHED 

DAVID NOVAK, 

 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) 

 

Simina Vourlis, Law Offices of Simina Vourlis, Columbus, OH, for petitioner. 

Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master: 

 On November 18, 2016, petitioner 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 he suffered a shoulder injury related to vaccine 

administration (“SIRVA”) following an influenza (“flu”) vaccine administered on October 

20, 2014. Petition at 1; Stipulation, filed November 27, 2017, at ¶¶ 2, 4. Petitioner 

further alleges that the vaccine was administered within the United States, that he 

suffered the residual effects of his injury for more than six months, and that there has 

been no prior award or settlement of a civil action for damages on his behalf as a result 

of his alleged vaccine injury. Petition at 4; Stipulation at ¶¶ 2-5. “Respondent denies 

that the flu vaccine caused petitioner to suffer a shoulder injury or any other injury or his 

current condition.” Stipulation at ¶ 6. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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. 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 information, the disclosure of which would constitute an 

unwarranted invasion of privacy. If, upon review, the 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 Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012). 
2

Nevertheless, on November 27, 2017, the parties filed the attached joint 

stipulation, stating that a decision should be entered awarding compensation. The 

undersigned 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 $45,000.00 in the form of a check payable to petitioner. 

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

would be available 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 Appendix B, the clerk of 

the court is directed to enter judgment 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 can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.