# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1382 V

UNPUBLISHED

JEAN BUB

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: July 12, 2022

Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
( Flu ) ; Shoulder Injury Related to

Vaccine Administration (SIRVA).

John Robert Howie, Howie Law, PC, Dallas, TX

, for Petitioner.

Parisa Tabassian , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1

On October 13, 2020

, Jean Bub filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa

- 10, et seq. 2 (the “Vaccine Act”). Pet itioner allege s that on or about December 6, 2017, she received an influenza (“flu”) vaccine , which vaccine is listed on the Vaccine Injury Table (the “Table”),

42 C.F.R. § 100.3(a). Petitioner alleges that s he su stain ed a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table

. Sh e further alleges that s he suffered the residual effects of this injury for more than six months.

Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury or any other injury ; and denies that

Petitioner ’ s current condition is a sequela of a vaccine

- related injury.

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am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 E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Fed eral 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), 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 Inj ury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).2

Nevertheless, on July 12, 2022

, the parties filed the attached joint stipulation, stating that a decision should be entered awarding 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 lump sum of $ 40 ,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages that
would be available 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 Appendix B, the Cler k of 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 Maste r

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.