# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: July 29, 2019

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

JAMIE MILLER

, * UNPUBLISHED

*

* No. 1 7

- 993 V

Petitioner, *

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Influenza (“flu”); Shoulder Injury Related

AND HUMAN SERVICES, * to Vaccine A dministration ( “ SIRVA ” ) ;

* Chronic Reg ional Pain Syndrome ( “ CRPS ” );

* Stipulation for Award.

Respondent. *

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

Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, D.C., for petitioner.

A lthea W. D avis

, Department of Justice, Washington, D.C., for respondent.

DECISION FOR STIPULATION 1

On July 24, 2017, Jamie Miller ( “ petitioner ” ) filed a petitioner for compensation under

the Na tional Vaccine I n

jury Compensation Program. 2 Petition at Preamble. Petitioner received

an influenza ( “ flu ” ) vaccine on October 6, 2016. Id. ; Stipulation at ¶ 2. Petitioner alleged that a s

a result of receiving the flu vaccination, she suffered a Shoulder Inju ry Related to Vaccine

Administration ( “ S IRVA ” ) and chronic regional pain syndrome ( “ CRPS ” ). Id. ; Stipulation at ¶

4.

On July 29, 2019, respond ent filed a stipulation providing that a decision should be

enter ed awarding compensation to petitioner. S t ipulation at ¶ 7. Respondent denies that

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this opinion contains a

reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of

Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7

. This means the

opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s

website, e ach party has 14 days to file a motion requesting redaction “of any information furnished by that party:

(1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that

includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of

privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the

decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the

court’s website without any changes. Id.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine

Injury A ct of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa

- 1 to

- 34 (2012)

(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §

300aa.petitioner ’ s alleged injuries are caused by the flu vaccine. Id. at ¶ 6. Ma intaini ng thei r

re spective positions, the parties nevertheless now agree that the issues between them shall be

settle d and that a decision should be entered awarding compensation to petitioner according to

the term s o f the stipulation attached hereto as Appendix A. Id. at ¶ 7.

The stipulation awards:

1) A lum p sum payment of $17,785.90 repre senting compen sation for satisfaction of

the Sta te of Maryland Medi caid lien, in the form of a check payable jointly to

petitioner and

Optum

75 Remittance Dr ive

Suite 6019

Chi cago, IL 60675

- 6019

Tax ID # 41

- 1858498

Case ID: 34253356

Petitioner agre es to endorse this payment to Optum and;

2) A lump sum of $70,000.00 in the form of a check pay able to petitioner. This

amount represents compensation for all remaining damages that would be

av ailable under 42 U.S.C. §300aa

- 15(a).

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

and on the terms set for th therein. The Clerk of the Court SHALL ENTER JUDMENT in

accordance with the terms of the parties ’ stipulation. 3

IT IS SO ORDERED.

s/Th omas L. Gowen

Thomas L. Gowen

Special Master

3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule

11(a).