# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 18-1771V UNP UBLISHED

REGINA SARCONE,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: July 1, 2020

Specia l Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Nicholas Edward Bunch, White, Getgey & Meyer, Cincinnati, OH, for Petitioner.

Linda Sara Renzi, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

On November 16, 2018, Regina Sarcone fi led a petition for compensation under the National Vaccine Injury Compens ation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that s he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received on or about October 18, 2017. Petition at 1; Sti pulation, issued at July 1, 2020, ¶¶ 4-6. Petitioner further alleges that she experienc ed the residual effects of this condition for more than six months. Petition at 2; Stipul ation at ¶ 4. “Res pondent denies petitioner sustained a SIRVA Table injury; and denies that her current condition is a sequela of a vaccine-related injury.” St ipulation at ¶ 6.

Nevertheless, on July 1, 2020, the parties filed the a ttached joint stipulation, stating that a decision should be entered awarding co mpensation. I fi nd the stipulation reasonable and adopt it as my decision awar ding 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Fe deral Claims' website in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 available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Pe titioner 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, I agree that the identified mate rial fits within this definition, I 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). CORRECTED2 Pursuant to the terms stated in the attached Stipulation, I award the following compensation:

A lump sum of $55,779.17, in the fo rm of a check payable to Petitioner

. Stipulation at ¶ 8. Th is amount represents compens ation for all items of damages that would be av ailable under § 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 acco rdance 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.