# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1270V Filed: August 10, 2018 UNPUBLISHED

FRANCES LEE, 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)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Wa shington, DC, for petitioner. Darryl R. Wishard, U.S. Department of Justice, Wa shington, DC, for respondent.
DECISION ON J OINT STIPULATION 1 Dorsey , Chief Special Master: On September 15, 2017, 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 she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination administered on October 20, 2016. Petition at 1; Stipulation, filed August 10, 2018, at ¶ 1. Petitioner further alleges that the vaccine was adminis tered within the Unit ed States, that she experienced symptoms of this injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of her alleged injuries. Petition at 2; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine either caused or significantly aggravated petitioner’s alleged in jury or any other injury, and denies that petitioner’s current disabilities are the result of a vaccine-related injury.” Stipulation 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Nevertheless, on August 10, 2018, the parties filed the attached joint stipulation, stating that a decision s hould be entered awarding compens ation. The undersigned finds the stipulation reasonable and adopts 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 $66,514.69 in the form of a check payable to petitioner

. Stipulation at ¶ 8. Th is amount represents compens ation for all items of damages that would be availabl e 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.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

___________________________________ ) FRANCES LEE, ) ) Petitioner, ) No. 17

- 1270V ECF )
v. ) Chief Special Master Dorsey ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. )

___________________________________ )
STIPULATION
The parties hereby stipulate to the following matters: 1. Petitioner, Frances Lee , f iled a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa

- 10 to 34 (the “ Vaccine Program ” ). The petition seeks compensation for injuries allegedly related to petitioner ’ s receipt of the influenza ( “flu”) vaccine, which is contained in the Vaccine Injury Table (the “ Table ” ), 42
C.F.R. § 100.3(a).
2. On October 20, 2016 , p etitioner received the flu vaccine.
3. The vaccine was administered within the United States. 4. Petitioner alleges that, as a result of receiving the flu v accine, s he suffered from a shoulder injury related to vaccine administration (“SIRVA”), and that s he experienced symptoms
of th is injury for more than six months. 5. Petitioner represents tha t there has been no prior award or settlement of a civil action for damages as a result of h er alleged injur ies

.2 6. Respondent denies that the flu v accine either caused or significantly aggravated petitioner ’ s alleged injur y or any other injury , and denies that petitioner’s current disabilities are
the result of a vaccine

- related injury

. 7. Maintaining their above

- stated positions, the parties n evertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision c onsistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa

- 21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment:
A lum p sum of $ 66,514.69 , in the form of a check payable to petitioner . This amount represent s compensation for all damages that would be available under 42 U.S.C. § 300aa

- 15(a). 9. As soon as practicable after the entry of judgment on entitlement in this ca se, and after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. Section 300aa

- 21(a)(1), and an application, the parties will submit to further proceedings before the special master to award reasonable atto rneys ’ fees and costs incurred in proceeding upon this petition.
10. Petitioner and h er attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa

- 15(g), to the extent that payment has been made or can reasonably be

ex pected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.3 § 1396 et seq.)), or by entities that provide health services on a pre

- pa id basis. 11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount s awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa

- 15(i), subject to the availability of sufficient statutor y funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys ’ fees and litigation costs , and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benef it of petitioner, as contemplated by a
strict construction of 42 U.S.C. § 300aa

- 15(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa

- 15(g) and (h). 13. In return for the payment s described in paragraph s 8 and 9 , petitioner, in h er
individua l capacity and on behalf of h er heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions, c auses of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa

- 10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have r esulted from, the flu v accine administered on October 20, 2016 , as alleged by petitioner in a petition for vaccine compensation filed on or about September 15, 2017, i n the United States Court of Federal Claims as petition No. 1 7

- 1270 V

. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable4 upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms
of thi s Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties ’ settlement and this Stipulation shall be voidable at the sole discret ion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended , except as otherwise noted in paragraph 9 above. There is a bsolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this stipulation may r eflect a compromise of the parties ’ respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement

. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu v accine received by petitioner either caused or significantly aggravated petitioner ’ s alleged injur y o r any other injury. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner ’ s heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION