# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 00 19 V

Filed: July 29, 2015

Unpublished

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

ERICA VAN CLEAVE

, *

*

Petitioner, * Joint Stipulation on Damages ;

* Influenza ( “ flu ” ) Vaccine ; Infection,

* S epsis, and Resulting Neurological

SECRETARY OF HEALTH * Injur ies in Shoulder and Arm;

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

*

Respondent. *

*

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

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

, f or petitioner.

Alexis Babcock , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

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 s he suffered infection, sepsis,

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

( “ flu ” ) vaccine she receive d on November 11, 2013 . Petit ion 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 . Petit ion at 4 ; Stipulation at ¶ 4

. Respondent

denies that the flu vaccin e 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I inte nd

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 day s 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 withi n this definition, I will redact such

material from public access.

2 National Chil dhood 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 subpara graph of 42 U.S.C. §

300aa (2012 ).Respondent agrees to pay petitioner a lump sum of $ 3 0,000.00 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 o f 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. Vowe ll

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