In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: July 29, 2019

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

JAMIE MILLER, * UNPUBLISHED

*

* No. 17-993V

Petitioner, *

v. * Special Master Gowen

*

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

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

* Chronic Regional Pain Syndrome (“CRPS”);

* Stipulation for Award.

Respondent. *

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

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

Althea W. Davis, Department of Justice, Washington, D.C., for respondent. 

DECISION FOR STIPULATION1

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

the National Vaccine Injury Compensation Program.2 Petition at Preamble. Petitioner received 

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

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

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

4. 

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

entered awarding compensation to petitioner. Stipulation at ¶ 7. Respondent denies that 

 

1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because 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, each 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 Act 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. Maintaining their 

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

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

the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. 

The stipulation awards:

1) A lump sum payment of $17,785.90 representing compensation for satisfaction of 

the State of Maryland Medicaid lien, in the form of a check payable jointly to 

petitioner and

Optum

75 Remittance Drive

Suite 6019

Chicago, IL 60675-6019

Tax ID # 41-1858498

Case ID: 34253356

Petitioner agrees to endorse this payment to Optum and;

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

amount represents compensation for all remaining damages that would be 

available under 42 U.S.C. §300aa-15(a). 

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

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

accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. 

s/Thomas 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).