# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-0910V

UNPUBLISHED

ADRIANA LOPEZ,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 26, 2021

Special Processing Unit (SPU); Joint Stipulation on Damages; Hepatitis A (Hep A) Vaccine; Hepatitis B (Hep B) Shoulder Injury Related to Vaccine Administration (SIRVA)

Michael G. McLaren, Black McLaren Jones Ryl and & Griffee, P.C., Memphis, TN, for

Petitioner.

Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

On June 21, 2019, Adriana Lopez filed a petition for compensation under the National Vaccine Injury Compensati on Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleges that she suffered a left Shoulder Injury Related to Vaccine Administration (“SIRVA ”) as a result of receiving a hepatitis A and hepatitis B vaccine on July 1, 2016. Petition at 1; Sti pulation, filed at J anuary 26, 2021, ¶¶ 4, 6. Petitioner further alleges that she experienced the residual effects of her SIRVA for more

than six months. Amended Petition at 4; Stipulation at ¶¶4, 6. “Respondent denies that petitioner sustained a Table SIRVA within the Table time frame, and denies that the hepatitis A/hepatitis B vaccine in fact caused her alleged shoulder injury and residual effects, or any other 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 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 availa ble 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 whic h would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits with in this definition, I will r edact 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 January 26, 2021, the parties filed the attached joint stipulation, stating that a decision should be entered aw arding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, I award the following compensation:

a. A lump sum of $133.54, for satisfacti on of a State of Utah Medicaid lien, in the form of a check payab le jointly to Petitioner and”

Office of Recovery Services

Bureau of Medical Collections

515 E 100 S

P.O. Box 45025 Salt Lake City, UT 84145-0025 Attn: Jenny Kay Del Rio Ref: Adriana Lopez/Case # C001308000TEMA 85

b. A lump sum of $37,500.00, in the form of a check payable to Petitioner

. Stipulation at ¶ 8. This amount represents compensa tion for all items of damages that would be ava ilable under Section 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 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 c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.