# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

LORA ANNE ZIMMER, *

* No. 13

- 423 V

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: May 2, 2014

*

SECRETARY OF HEALTH * Stipulation; Influenza vaccine;

AND HUMAN SERVICES, * swelling, paresthesias, and arthritis

*

Respondent. *

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

Mark T. Sadaka

, Sadaka & Associates, Englewood, NJ , for Petitioner;

Alexis Babcock , U.S. Department of Justice, Washington, D.C., for Respondent.

UNPUBLISHED DECISION 1

On May 1 , 2014, respondent filed a joint stipulation concerning the petition

for compensation filed by Lora Zimmer on June 26 , 2013 . In her petition,

petitioner alleged that the influenza vaccine, which is contained in the Vaccine

Injury Table (the “Table”), 42 C.F.R. §100.3(a), an d which she received on

November 17, 2010 , caused her to suffer from a vaccine

- induced allergic reaction

resultin g in bilateral upper extremity swelling, paresthesias, and arthritis.

Petitioner further alleges that s he experienced the residual effects of this injury for

more than six months. Petitioner represents that there has been no prior award or

settlement of a civil action for damages as a result of her alleged injury.

Respondent denies th at petitioner’s alleged injuries were caused

- in

- fact by

her influenza vaccination, and denies that the vaccine caused any other injury or

her current condition.

1 T he E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the parties have 14 days to file a motion proposing redaction of medical inf ormation or other

information described in 42 U.S.C. § 300aa

- 12(d)(4). Any redactions ordered by the special

master will appear in the document posted on the website.Neverthe less, the parties agree to the joint stipulation, attached hereto as

“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as

the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A lump sum of $ 20 ,000.00 in the form of a check payable to petitioner,

Lora Anne Zimmer . This amount represents compensation for all

damages that would be available under 42 U.S.C. § 300aa

- 15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B,

the clerk is directed to enter judgment in case 13

- 423 V according to this decision

and the attached stipulation. 2

IT IS SO ORDERED.

s/ Christian J. Moran

Christian J. Moran

Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each

par ty filing a notice renouncing the right to seek review by a United States Court of Federal

Claims judge.Case 1:13-vv-00423-UNJ Document 24 Filed 05/01/14 Page 1 of 5Case 1:13-vv-00423-UNJ Document 24 Filed 05/01/14 Page 2 of 5Case 1:13-vv-00423-UNJ Document 24 Filed 05/01/14 Page 3 of 5Case 1:13-vv-00423-UNJ Document 24 Filed 05/01/14 Page 4 of 5Case 1:13-vv-00423-UNJ Document 24 Filed 05/01/14 Page 5 of 5