In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-0019V

Filed: July 29, 2015

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

ERICA VANCLEAVE, *

*

Petitioner, * Joint Stipulation on Damages;

* Influenza (“flu”) Vaccine; Infection,

* Sepsis, and Resulting Neurological

SECRETARY OF HEALTH * Injuries in Shoulder and Arm;

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

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John Howie, Jr., Howie Law, Dallas, TX, for petitioner.

Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Vowell, Chief Special Master:

On January 8, 2015, Erica VanCleave filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2 [the 

“Vaccine Act” or “Program”]. Ms. VanCleave alleges that she suffered infection, sepsis, 

and resulting neurological injuries in her shoulder and arm resulting from the influenza 

(“flu”) vaccine she received on November 11, 2013. Petition at 1; Stipulation, filed July 

28, 2015, at ¶¶ 2, 4. Petitioner further alleges that she experienced the residual effects 

of this condition for more than six months. Petition at 4; Stipulation at ¶ 4. Respondent 

denies that the flu vaccine caused petitioner’s alleged shoulder injury or any other injury

or condition. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. Stipulation at ¶ 7. On 

July 28, 2015, the parties filed a joint stipulation agreeing to settle this case and 

describing the settlement terms. 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post it on the United States Court of Federal Claims' website, in accordance with the E-Government 

Act of 2002, Pub. L. No. 107-347, § 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 information, the disclosure of which would constitute an unwarranted invasion of 

privacy. If, upon review, I agree that the identified material 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).

 
Respondent agrees to pay petitioner a lump sum of $30,000.00 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. 

I adopt the parties’ stipulation attached hereto, and award compensation in the 

amount and on the terms set forth therein. 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

s/Denise K. Vowell

Denise K. Vowell

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing 

the right to seek review by a United States Court of Federal Claims judge.

2