# 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UNPUBLISHED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 V ourlis, Columbus, OH, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washingt on, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On November 18, 2016, petitioner fil ed 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) following an influenza (“flu”) vaccine admi nistered on October 20, 2014. Petition at 1; Stipul ation, filed November 27, 2017, at ¶¶ 2, 4. Petitioner further alleges that the vaccine was admin istered within the Un ited States, that he

suffered the residual effects of his injury for mo re than six months, and that there has been no prior award or settlement of a civil ac tion 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 caus ed petitioner to suffer a shoulder injury or any other injury or his
current condition.” Sti pulation 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 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 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 aw arding compensation. The undersigned finds the stipulat ion reasonable and adopt s 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. Th is amount represents compens ation 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 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.